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AN EXPLANATION 



OF 



THE CONSTITUTION 



OF THE 



mr 



11L1 



II SUTES OF AMERICA. 



PREPARED FOR USB IX ( ATHOLIC SCHOOLS, 
ACADEMIES, AND COLLEG i 



0~ 




BY 



FEANCIS T. FIREY, A 




New York: 

THE CATHOLIC PUBLICATION SOCIETY CO., 

9 BARCLAY STREET. 



1-89. 



^ 



■\ 



Copyright, 1889, 

By THE CATHOLIC PUBLICATION SOCIETY CO, 

All Eights Eeserved. 



CONTEXTS 



PAGE 

Preface, -- 5 

Chapter 

I. On Government in General and its Various Forms, - 7 

II. The Articles of Confederation of the United States, 12 

III. Historical Retrospect, ------- 17 

IV. The Confederation and tbe Constitution, - 

V. Preamble and Plan of the Constitution, - - - Ml 
VI. Tne Legislative Branch of Government, 
VII. The House of Representatives, ----- 

VIII. Apportionment <>f the Representatives in ( 

IX. The United States Senate, ------ 43 

X. Impeachment Trial>. ------- 47 

XI. Election to and Meeting of Congress, - - - -48 

XII. Salaries, Privileges, and Disabilities <>f Members <»f 

Congress, - - - 53 

XIII. The Enactment of Laws, ------ ;,; 

XIV. Taxation, - - 

XV. Commerce, --------- 

XVI. Naturalization, - - - 64 

XVII. Bankruptcy Laws, the Currency, Copyright, and 

Patents, --------- ©7 

XVIII. Piracy, Warfare, and Military Regulations, 71 

XIX. Territory belonging to the United States, - - - 1"> 

XX. Powers granted and denied to Congress — Slavery. - 77 

XXI. Habeas Corpus, Jury Trial, Attainder, Etc., - - 80 

XXII. Taxation, Commerce, and the Public Treasury, - - 82 

XXIII. Titles of Nobility and Honors, ----- ^4 

XXIV. Powers denied to the States, ------ 85 

XXV. The Executive Power, ------- 88 

XXVI. Election of the President, 91 

3 



4 Contexts. 

PAGE 

XXVII. The Vice-President, - - - - - - - 96 

XXVIII. Eligibility to the Presidency, ----- 98 

XXIX. Compensation and Privileges of the President, - - 100 

XXX. The Judiciary, - - 105 

XXXI. Jurisdiction of the United States Courts, - 108 

XXXII. Jurisdiction and Organization of the Supreme Court, 112 

XXXIII. The Circuit and District Courts, ----- 115 

XXXIV. Treason against the United States, - - - - 117 
XXXV. Concurrent Powers of the States, ----- 119 

XXXVI. Formation of New States and Government of Terri- 
tories, - - - - -- - - - 122 

XXXVII. How the Constitution may be Amended, - 127 

XXXVIII. Character, Scope, and Ratification of the Constitution, 131 

XXXIX. Religious Liberty, -------, 135 

XL. Freedom of the Press and of the Person, - - - 137 

XLL Privileges of Accused Persons, ----- 139 

XLII. The Abolition of Slavery, ------ 144 

XLIII. State Government, -------- 149 

XLIV. City Government, - 155 



PREFACE. 



Of late years many of those most competent to give 
an opinion on the subject have pointed out defects of 
the gravest character in the system of public educa- 
tion prevalent in this country, not only in elementary 
and grammar schools, but in higher schools and col- 
leges also. The complaint generally made is that oi 
trying to teach too much, engaging the attention of 
the pupil, even of the tenderesl years, on too many 
subjects at the same time; while the chief aim of 
rudimentary education should be, not to impart 
knowledge on all sorts of subjects, but to train the 
youthful mind to the habit of acquiring knowledg 
to teach the art of learning, so that pupils can after- 
wards make the best possible use of the books they 
may read and the experience they may have on their 
way through the world. 

But there is another defect iM our school system that 
is not so often noticed or commented on. Our method 
of early training sins almost as much by omission as 
by commission. While excessive attention is devoted 
to some subjects, too little or none at all is given to 
others. Take, for instance, our system of government. 
1 low many of those leaving our grammar-schools, or 
even high-schools, know anything about it that is 
worth knowing i In some States it is not a part of 
the school-training at all, while in those on whose 
programmes it finds a place it is taught only in the 

5 



6 Preface, 



most careless and superficial manner. And worse 
still, there is no thoroughly good text-book on the 
subject, the principal one that we have seen being not 
only superficial in its treatment, but containing several 
grave inaccuracies. 

And on such a book as this Catholics have to de- 
pend for their knowledge, acquired during school- 
years, of a framework of government that should com- 
mand their highest respect and admiration; for there 
is no other in the world that in its constitution and 
character so closely resembles that of the Catholic 
Church as does the United States Government ; there 
is no country in which the Church enjoys more free- 
dom than she does in ours, and there is none in which 
she is more prosperous. Nor has the United States 
any class of citizens that are more loyal to her insti- 
tutions than are the Catholics. 

Yet this loyalty would be more intense and wide- 
spread were a proper knowledge of the Constitution 
imparted to our children during the years they spend 
at school. They should then be made to understand 
the Catholic principles on which our organic law is 
based, and to hold it in reverence on account of these 
principles ; to which end they need a text-book imbued 
with the Catholic spirit. 

It is with the view to supplying such a need that 
the present work has been compiled ; and if it aids 
those who read it to a clear understanding and just 
appreciation of its subject, the editor's wish in regard 
to it will be fully gratified. 



CATECHISM OF THE CONSTITUTION. 



CHAPTEK I. 

ON GOVERNMENT IN GENERAL AND ITS VARIOUS 

FORMS. 

What is Government f 

It is the ruling power in a political society. 

What conception of society docs this use of the word 
imply t 

Society as moulded by the will of a sovereign or 
dominant body. 

What is a sovereign body t 

A person, or a determinate number of persons act- 
ing together, to whom the bulk of the community is 
habitually obedient. 

How is this obedience secured f 

By the enactment and enforcement of laws. 
What is a Law f 

A Law is a command issued by a superior to a sub- 
ject, and enforced by a sanction or penalty. 

Is government the same under all circumstances t 

In its purpose it may be so considered ; but in the 
manner of carrying out that purpose, no. 

How do we designate the varieties of political society 
that have thus come into existence f 

As forms of government. 

Into how many classes do most writers divide these 
forms t 

Three ; namely, Monarchy, Oligarchy (or Aristoc- 
racy), and Democracy. 

7 



8 Catechism of the Constitution. 

What is it that determines this classification ? 

The numerical relation between the constituent 
members of the government and the population of 
the state. 

What is a Monarchy f 

A state or government in which the supreme power 
is vested in a single person, being either limited or 
absolute. 

When is a monarchy said to be limited ? 

When it is held in restraint by some other power 
in the state constituted for that purpose, generally 
called a legislature or parliament. 

Of limited monarchies, which is the most conspicuous 
example f 

That of England. 

What is an absolute monarchy f 

One in which no such restraint is placed upon the 
sovereign or sole ruler. 

Does any instance of this hind of government remain 
in Europe f 

Yes, that of Bussia, and that of Turkey also. 

With what form of monarchy does the earliest recorded 
history make us acquainted f 

The patriarchal, or family government extended to 
whole tribes. 

Where is this record to be found f 

In the Pentateuch, or first five books of the Old 
Testament. 

Who are distinctively Jcnown as the patriarchs f 

Abraham, Isaac, Jacob, and the twelve sons of the 
last named. 

How do we designate abuse of power by a monarch ? 

As tyranny. 

Who , then, is a tyrant t 



Catechism of the Constitution. 9 

A ruler who abuses his authority by acts of oppres- 
sion and cruelty. 

What other power may be wielded by a monarch t 

Despotism* 

Who is a despot t 

A ruler to whom absolute power is assigned accord- 
ing to the constitution of the government. 

What, then, is the peculiar characteristic of a despot- 
ism t 

That it exists with the consent of the governed. 

What is an Aristocracy? 

Government by a number of men small in propor- 
tion to the whole number of men in tin* state. 

Is such a government known by any other name? 

Y:s by that of Oligarchy, meaning u government 
by a few." 

What meaning is commonly attributed to this word f 

That of a depraved form of Aristocracy. 

Where do we find examples of this form of govern- 
ment t 

In some of the petty states of ancient Greece, and 
of the Italian commonwealths of the Middle Ages. 

What danger most threatens an Oligarchy t 

That of the political power falling into the hands of 
a small number of very rich and influential men, who 
may reduce the sphere of law to a minimum. 

What is a Democracy t 

It is a government controlled by a number of men 
large in proportion to the whole number of men in the 
state; so large, indeed, that the people are said to ride. 

What is the best type of Democracy t 

A community mainly agricultural, whose citizens, 
therefore, have not leisure for political affairs, and al- 
low the law to rule. 



10 Cat/: c/nsM of the Constitution. 

Wherein consists the greatest danger to a democratic 
form of government f 

Id the existence of a large citizen class who have 
leisure for politics and are tempted to turn it to profit- 
able account for themselves. 

Which is the best government f 

That in which as much as possible is left to the law, 
and as little as possible to the will of the governor. 

By ivhat name do we designate the absence of all gov- 
ernment f 

Anarchy. 

What , then, is Anarchy ? 

It is a state of lawless confusion in a country. 

Is there any phase of government that has not yet 
been mentioned f 

Yes, Theocracy. 

What is a Theocracy ? 

Government of a state by the immediate direction 
of God. 

Where do we find an example of this form f 

In the ancient Jewish state. 

Have there been any imitations of it in modem times f 

Yes, in the pretensions of the Puritan common- 
wealths of New England and the Mormon organiza- 
tion of Utah Territory. 

What is implied by the term u Commonwealth" f 

In its widest sense it means the whole body of peo- 
ple in a country, but in its stricter meaning it denotes a 
country in which a free and popular government exists. 

Was it ever employed in a more limited sense ? 

Yes ; in English history it indicates the particular 
government established under a Council of State after 
the fall of King Charles I., including also the Pro- 
tectorate under Oliver Cromwell. 



Catechism of the Constitution. 11 



Hovo is free, and popular government best secured t 
By the English parliamentary, or representative, 

system as modified and applied in the United 
States. 

What is there peculiar about the English system ? 

Its being a combination of the three standard forms 
of monarchy, aristocracy; and democracy. 

Has it always had the democratic element in the true 
sense ? 

No; it has been only by slow gradations that the 
House of Commons has come to represent more than 
a fraction or a section of the people. 

How and when did it become truly representative of 
the democracy j or the whole people f 

By the Eeform Act of 1886. 

When did this broad and liberal system conie into 
operation in the United Stat> 

With the beginning of our Government. 

What body of men is it in our system that corresponds 
with the English House of Commons ? 

The House of Representatives, or lower branch of 
the Congress of the United States. 

Do tee find in our system parallels with the other 
branches of the English Government f 

Yes, but in a greatly modified form. 

Wherein has the greatest change been made? 

In the elimination of the hereditary principle, which 
in England fixes the succession to the monarchy and 
generally to a seat in the House of Lords. 

Does the modification go any further than this? 

Yes ; for a life-tenure of office we have substituted a 
comparatively brief term ; and for hereditary succes- 
sion, election by the people or by their elected repre- 
sentatives. 



12 Catechism of the Constitution. 

Is our system j then, a limited monarchy, like that of 
England ? 

No ; it is a federal republic. 

What is a Republic ? 

A state or country in which the supreme power is 
vested in rulers elected periodically by the people. 

Name the oldest of existing Republics. 

San Marino in Italy , Andorra in the Pyrenees, and the 
Swiss Cantons, all dating from the Catholic Middle Ages. 

And what is a Federal Republic t 

One that exists by reason of a compact or agreement 
between the several sovereign and co-ordinate states 
that compose it. 

Is ours the only Federal Republic in the world ? 

No ; Switzerland is another example. 

Are there any other federal governments'? 

Yes; the Dominion of Canada, for instance, and the 
Empires of Germany and Austria also. 



CHAPTBE II. 

THE ARTICLES OF CONFEDERATION OF THE UNITED 

STATES. 

Which is the most illustrious example of federal gov- 
ernment ? 

The United States of America. 

Whence did it take its origin ? 

Out of the expediency, or even necessity, of a per- 
manent and indissoluble union between the States that 
had thrown off the domination of England. 

Why was this federation necessary instead of a com- 
plete unification? 

Because of the unwillingness of the several States to 
abandon their individual identity and local privileges. 



Catechism of the Constitution. 13 

Was the first attempt at federation by the new Sta 
a success? 

No. 

And ivhy not? 

Because it was little more than an alliance offensive 
and defensive between States having conflicting in- 
terests, but at war with a common enemy. 

How is this shown? 

By the fact that no sooner was the war with Eng- 
land ended than disputes arose between the States 
that almost led to civil war. 

What teas the cause of this failure? 

The absence 4 of a central administrative authority 
to give sanction to the enactments of ( longress. 

By what name was the instrument of alliance known t 

By that of the Articles of Confederation. 

How did these Articles come into use? 

By enactment of the Continental Congress, and by 
ratification on the part of the State-. 

When did Congress adopt the Articles of Confederation! 

On July 9, 1778, in the beginning of u the third year 
of the Independence of America/' 

And when were they ratified by all the States? 

On March 1, 1781, when Maryland gave approval. 

How long did they remain in force? 

Until the adoption of the present Constitution. 

And why was recourse had to this instrument t 

u To form a more perfect union/' etc., as set forth in 
its preamble. 

What are the essential differences between the two in- 
struments? 

They are threefold — first, as to the central author- 
ity ; second, as to the constitution of the Congress ; and 
third, as to the powers reserved to the separate States. 



14 Catechism of the Constitution. 

What of the central authority 9 

Properly speaking there was none, no central ad- 
ministration as at present; for Congress could only 
recommend, and not compel, the States to carry out 
its enactments. 

Was there not a President 9 

There was, but he was not vested with the authority 
he now has. 

What was his title 9 

u President of the United States in Congress as- 
sembled." 

Hotv was he chosen, and for what purpose 9 

By the Congress, and to preside over its delibera- 
tions. 

Was the Congress constituted in a manner similar to 
that by which we are now governed 9 

No. 

Sow did it differ from the present one 9 

By having only one house or chamber, and by the 
method of regulating representation of the States. 

Sow was State representation provided for 9 

No State, no matter how small, could be represented 
in Congress by less than two; nor, no matter how 
large, by more than seven members. 

Was each representative entitled to a vote 9 

No; u in determining questions in the United States 
in Congress assembled," each State had but one vote. 

Were questions decided in Congress by a mere ma- 
jority 9 

No; the support of nine States was required to make 
a measure binding on all of the thirteen. 

For how long and in what manner were the delegates 
chosen 9 

For one year only, and in such manner as the legis- 



Catechism of thi stitution. 15 



latore of each State directed; the State even hav- 
ing power to recall one or all of its delegates and 

send others in their stead for the remainder of the 
year. 

What restrictions were placed on persons nerving as 
delegates in Congress t 

No person could be a delegate tor more than three 
out of every six years ; nor could he while a delegate 
hold any remunerative office or trust under the United 
States. 

Whence did he derive his salary as representati 

From the State sending him to the Congress. 

Did Congress remain in session throughout the year? 

No. 

Was the United States thru left for a time without a 
central organization t 

It was not so intended; there was the ( \nnmittee of 
the States. 

How was this Committee c<>nstititt<<l t 

It was made up of one representative from each 
State, but named by the Congress. 

When was the Committee in authority t 

Between the adjournment of one Congress and the 
meeting' of the next. 

Did it faithfully perform the trust reposed in it t 

No; it spent most of the time in wrangling about 
local issues; and even on one occasion adjourned and 
left the country without even the semblance of a cen- 
tral government. 

What of the authority reserved to the Stat' 

It was very much less limited than it has been un- 
der the Constitution. 

In what res2)cets were limitations provided for f 

In the waging of war, the maintaining of a military 



16 Catechism of the Constitution. 

force, the entering into negotiations with foreign coun- 
tries, and the levying of taxes. 

Were the regulations in these regards as stringent as 
at present? 

No ; they were but moderate restrictions. 

And were these restrictions complied with by the States 
under all circumstances ? 

No ; they were often disregarded, and this disregard 
of the law increased as time went on. 

Why was this f 

Because, though it was declared that "the Union 
shall be perpetual," no adequate provision had been 
made for punishing violations of the Articles of Con- 
federation. 

They were not, then, "inviolably observed by every 
State," as ordered by the thirteenth and last of the said 
Articles f 

On the contrary, they were so commonly disregarded 
that complete nullification, nay, even war between 
States, was threatened. 

What evil result was actually produced ? 

Business became depressed and the currency greatly 
depreciated. 

How was complete disruption averted ? 

By a movement towards a more perfect union, which 
resulted in the Constitution under which we now live. 

Was this change made in accordance with the Articles 
of Confederation? 

Yes ; for it was therein provided, in the thirteenth 
Article, that alterations might be thereafter made in 
any or all of the Articles, provided " such alteration be 
agreed to in a Congress of the United States, and be 
afterwards confirmed by the legislatures of every 
State." 



Catechism of the Constitution. 17 



OHAPTEE III. 

HISTORICAL RETROSPECT. 

Hoiv did the United States become an independent 
country t 

By joint rebellion against the tyranny of the mother 
country on the part of England's colonies on the At- 
lantic coast of North America. 

When were these colonies established t 

At various times from the beginning of the seven 
teeuth to the early part of the eighteenth century. 

How many of them were there t 

Thirteen, namely : New Hampshire, Massachusetts, 
Ehode Island, Connecticut, New York, New Jei 
Pennsylvania, Delaware, Maryland, Virginia, North 
Carolina, South Carolina, and Georgia, 

What was the prevailing religion in these colonies f 

Protestantism of various forms. 

Were there any Catholics hen t 

Yes, principally in Maryland and Pennsylvania; 
but scarcely any elsewhere, except a few in New Jer- 
sey and Delaware. 

Were the first European settlers in America Prot 
ants, then t 

No; Catholics had been on this continent more 
than a century earlier. 

Who were they t 

The discoverer of the country, Columbus, and all 
the Spanish, Portuguese, and other explorers and 
colonists of his time. 

Were they the first human beings to set foot on this land? 

No ; they found here various peoples organized un- 
der governments more or less stable and despotic, and 
apparently of different races. 



18 Catechism of the Constitution. 

What do we know of these peoples f 

Very little besides their condition at the time the 
Europeans came in contact with them. Their origin 
can only be surmised. 

Was this native population very dense t 

Only on the western part of the continent — in Mex- 
ico, Central America, and Peru (including the modern 
Ecuador). Towards the east it was very thin and 
scattered. 

What ivould this fact seem to indicate ? 

That at least the greater part of the original set- 
tlers came from Asia. 

Was the continent unknown to Europeans before 
Columbus' time ? 

No ; it had been discovered by the Northmen at the 
close of the tenth or beginning of the eleventh century. 

Sad this discovery any lasting consequences ? 

No ; their colonies soon became extinct, probably 
about the middle of the fourteenth century. 

How did the continent come to be called America f 

It has been generally supposed that the name was 
derived from Amerigo Vespucci, one of the explorers 
who followed in the wake of Columbus. 

Has any other derivation been given? 

Yes ; recent investigations lead many to hold a dif 
ferent view, claiming that the word is of local origin, 
from Amaraga, a Spanish adaptation of a native name 
of part of the continent. 

W hy were the natives called Indians f 

Because Columbus and others of his time thought it 
was a part of India they had reached. 

Without Columbus, would the country have long re- 
mained unknown to Europeans f 

Not likely ; for, independently of him, a Portuguese 



Catechism of the Constitution. L9 

voyager, Cabral, bound for the Indies by way of the 
Cape of Good Hope, in the year 1500, was driven by 
a storm on the eoast of Brazil, and for this region a 
claim on behalf of Portugal was set up. 

What other European countries besides Spain and 
Portugal thus, by priority of discovery, established orig- 
inal claims to dominion over territory in A\ 

France, to the valley of the St. Lawrence, and Eng- 
land, to the territory of our eastern seaboard States. 

When was this English claim founded? 

In 1496, by Cabot, a Venetian and a Catholic, in 
the service of the Catholic King Henry VII. 

Was this British title availed of at <mcef 

No; not successfully for over a hundred years. 

Can you account for this delay t 

It was caused, probably, in the first place, by the 
Scotch and continental wars in which England was 
engaged; and, secondly, by the religious revolution 
begun by Henry VIII. and completed by his daughter 
Elizabeth. 

What was the first permanent English colony here, 
and when was it founded t 

Virginia, in the year 16*07. 

When were the others established t 

At various intervals between this date and the year 
1732. 

Which of the colonies dates its beginning from this 
year t 

Georgia, which is thus the last in point of time of 
the thirteen. 

Did the Indians or aborigines abandon the land to 
the invaders t 

On the contrary, they ever asserted the plenary 
right of dominion, which they yielded up only when 



20 Catechism of the Constitution. 

they were forced to do so by the superior power of 
conquest, or transferred it by a voluntary cession. 

What was the fundamental law of all these colonies ? 

The Common Law of England. 

Were they all established on the same basis ? 

No ; in this respect they were divided into three 
classes — namely, Provincial, Proprietary, and Charter 
governments. 

How do you define the first-named class ? 

The Provincial establishments were those whose 
constitutions depended on the respective commissions 
issued by the crown to the governors, who were thus 
the king's deputies. 

And the second t 

Proprietary governments were granted out by the 
crown to individuals by letters-patent, these indi- 
viduals thus becoming feudal lords. 

And the third f 

The Charter governments were in the nature of civil 
corporations under the immediate control of the king, 
who named the governor; they had the power of 
making by-laws for regulating their own affairs, not 
contrary to the laws of England. 

What colonies were Provincial governments f 

Virginia, New Hampshire, New York, New Jersey, 
the two Carolinas, and Georgia. 

What Proprietary f 

Maryland, Pennsylvania, and Delaware. 

And which were the Charter governments f 

Massachusetts (with Plymouth), Ehode Island (with 
Providence), and Connecticut (with New Haven). 

Why is it important to Jceep these distinctions in 
mind? 

Because even to the present day they affect legis- 



Catechism op the Constitution. 21 

Latum and the practice of law in the various .States 
of our Union. 

What was the religious policy of the colonies? 

It was generally that of intolerance towards all 
denominations but the ruling sect. 

Which colony teas the moat prominent exception to 
this rule t 

Maryland, during the first or Catholic period of its 
existence, where there was general toleration and 
equality for all Christians. 

What does Judge Story say of this policy of thi 
Catholic Proprietary t 

That it was very honorable to his liberality and 
public spirit. 

How were Catholics treated here after they bee 
the minority t 

Those to whom they afforded protection and shelter 
persecuted them, their churched were closed, and they 
themselves were excluded from office. 

/// what other colonies teas religions toleration pt 
tisedt 

In Pennsylvania, Delaware, Xew Jersey, and Rhode 
Island. 

Was it extended equally in all t 

No ; Catholics were excepted both in Rhode Island 
and in Xew Jersey. 

How did they fare in Pennsylvani 

They had liberty to practise their religion as they 
pleased, but after 16S9 were deprived of some civil 
rights. 

What was the general attitude of the colonies towards 
one another before the Revolution t 

It was generally a condition of mutual rivalry and 
jealousy. 



22 Catechism of the Constitution. 

How did the mother country regard this state of af- 
fairs f 

With satisfaction; and slie even encouraged it so as 
to prevent a union among the colonies. 

Was such a union ever attempted f 

Yes, repeatedly, and by tlie New England colonies 
effected as early as 1643, by reason of common sym- 
pathies, and to guard against danger from the sur- 
rounding Indians. 

How long did this confederacy last? 

Until 1686, when it was dissolved by a commission 
from King James II., which also ordered the charters 
of the New England colonies to be annulled. 

When ivas the next significant attempt at a union 
made t 

In 1722, when a congress of governors and commis- 
sioners from other colonies as well as those of New 
England was held at Albany. 

Can yon mention a still more interesting gathering 
held in the middle of the eighteenth century ? 

Yes, one that was held in the year 1754 to consider 
the best means of defending America in case of the 
impending war with France. 

What States sent commissioners to this congress ? 

New Hampshire, Massachusetts, Ehode Island, 
Connecticut, New York, Pennsylvania, and Maryland. 

In what respect was it peculiarly remarkable f 

In the fact that the commissioners, among whom 
were some of the most distinguished names in our 
colonial history, asserted and promulgated truths that 
prepared the way for their future independence and 
our present greatness. 

How is this shown ? 

By the resolution which the convention unani- 



Catec&ism op the Constitution. 23 

mously adopted, that a union of all the colonies, from 
Hampshire to Georgia, was absolutely necessary 
for their preservation* 

J)ifl the desired result follow t 

No; the people of the various colonies were too ex- 
asperated against one another about boundaries and 
charter claims. 

Was there then any prospect of a union t 

On the contrary, it was so improbable that Dr. 
Franklin remarked in 1760 that a union of the colon- 
ics against the mother country was absolutely impos- 
sible unless it were forced by the most grievous 
tyranny and oppression. 

Hod the congress of 1764, then, no beneficial result t 

Yes, it impressed the great value of a federated 
union of the Colonies on men's minds. 

How soon was (mother congress heldt 

In 1765, when, upon the recommendation of Mac 
chusetts, a congress of delegates from nine colonies 
assembled at New York. 

Wh((t was the chief subject of their deliberations t 

They considered a bill of rights in which the sole 
power of taxation was declared to reside in their own 
colonial legislatures. 

Did anything come of this action t 

Besides bringing about the repeal of obnoxious 
taxes, it prepared the way for a more extensive and 
general association of the colonies. 

When did this tol:e place I 

In September, 1774, at the suggestion of Massa- 
chusetts. 

For what is this congress remarkable t 

It laid the foundations of our independence and 
permanent glory by promulgating a more ample Bill 
of Bights, the one known specially as such in history. 



24 Catechism of the Constitution. 

By what name is this Congress called? 

By that of tlie First Continental Congress. 

Who composed it? 

Delegates from all of the twelve colonies that were 
spread over the continent between Nova Scotia and 
Georgia. 

What was it that spurred them to such an unusual 
course of artion ? 

Aggravated exactions of taxation without repre- 
sentation, and other exorbitant claims on the part of 
the British Parliament. 

Bid this Congress exceed its authority ? 

No; instructed and directed " to meet and consult 
together for the common welfare/ 7 and taking into 
consideration the afflicted state of the country, the 
delegates asserted what they deemed to be the in- 
alienable rights of freemen. 

Sow did they specify their complaints ? 

By showing to the people the system of violence 
which was being prepared against these rights. 

To ivhat did they pledge their constituents ? 

They bound them by the sacred ties of honor and 
their country to renounce commerce with Great Bri- 
tain. 

Sow were these resolutions received by the people? 

With prompt and universal obedience. 

Was the union thus formed continued ? 

Yes ; we may truly say that the Bill of Eights was 
the birth of American independence, the iihmortal 
Declaration that followed being its baptism. 

What else at this time roused the anger of the colonies 
against England ? 

The Quebec Act, granting full religious and politi- 
cal liberty to the Catholics of Canada. 



Catscbibm of the Constitution. 25 

Was the RevoluUon 9 then 9 a/nti-Catholicin itsbeginni 

Vis: at least in New England. 

Did the Catholics in the rebellious colonies resent this 
feeling t 

No; on tin* contrary, when the war came even a 
larger proportion of them than of other denominations 
joined the patriot armies. 

Were then' any Catholic Tories t 

Only a few. Dunn- the British occupation of 
Philadelphia an English Catholic named Alfred Clif- 
ton tried to organize a Catholic regiment there for 
the Britisli army, but he utterly failed. 

Were Catholics with the patriots from the beginning? 

Yes; for the leading Catholic then in Philadelphia, 
and almost the only one of independent means there, 
George Meade, was one of the signers of the non-im- 
portation resolutions of 1766. 

When was the Second Continental Congress held? 

In May of the year 177o. 

How were the delegates empowered to act? 

They were clothed by their constituents with am- 
ple discretionary powers, and instructed to •• concert, 
agree upon, direct, order, and prosecute such mea- 
sures as they should deem most fit and proper to 
obtain redress of American grievances." 

Were all the colonies represented at these two con- 
gresses ? 

No; Georgia had no delegates there, but soon after 
the latter met she acceded to and completed the con- 
federacy of the thirteen colonies. 

When and how did these colonies completely sever 
their connection with England and assume a separate 
and equal station among the nations of the earth ? 

On July 4, 1770, by the ever memorable Declara- 
tion of Independence. 



26 Catechism of the Constitution. 

Did any Catholic sign this manifesto ? 

Yes; Charles Carroll of Carrollton, one of Mary- 
land's delegates, who thereby, it is said, put more 
wealth at stake than all the other signers together. 

What other eminent service did he render to his 
country f 

He went on a special mission to Canada, accom- 
panied by his cousin, Kev. John Carroll, afterwards 
Bishop and Archbishop of Baltimore, to enlist that 
colony's aid. 



CHAPTEE IV. 

THE CONFEDERATION AND THE CONSTITUTION. 

Besides the Declaration and the waging of ivar against 
England, ivhat other step did the delegates of 1776 talce 
toivards maintaining their new station f 

The Congress, on June 11, 1776, undertook to pre- 
pare and digest articles of confederation, so as to 
define with precision, and by a formal instrument, 
the nature of the new compact, the powers of Con- 
gress, and the residuary sovereignty of the States. 

Was this end speedily reached f 

No ; owing to the various difficulties of the times, 
the state of warfare and the remnants of sectional 
jealousies, it was not until November 15, 1777, that 
Congress could agree to the Articles of Confederation. 

Were these articles at once ratified by the State legis- 
latures f 

Far from it; the same difficulties here presented 
themselves. Most of the States accepted the articles 



Catechism of the Constitution. 27 

out of accommodation only on account of the neces- 
sities of the times. 

Which were the last States to accede to them t 

Delaware, in 1770, and Maryland, not until March 
I, 1781. 

What then became of lite Continental Congress? 

It was dissolved. 

What became of the powers it had assumed of sot 
eignty necessary to maintain independence during the 
Revolution t 

They were transmitted to the Confederation, its 
legally constituted successor. 

Are we to think any the less of the two laggard States 
on account of their reluctance to enter the Confedera- 
tion f 

Not reasonably; for their citizens shed their blood 
as freely for American independence as did those of 
any other State. 

Did the result justify the suspicions of those reluctant 
to give assent t 

Fully; no sooner was the war ended than the de- 
fects of the compact were made obvious in several 
respects, especially in the impossibility of giving 
sanction and effect to financial and military legisla- 
tion, and even to the other laws. 

Whatfollowedt 

A state of national degradation was threatened. 

And how was this danger averted from the infant 
Republic t 

By the calling of a Constitutional Convention to 
remedy the defective code. 

By what State was the initiative taken t 

By Virginia, whose legislature made a proposition 
in January, 1786, for a convention of delegates from 



28 Catechism of the Constitution. 

the several States to regulate our commerce with for- 
eign nations. 

How teas this proposition received? 

Very favorably by several of the other States, so that 
five of them sent delegates to a convention which met 
at Annapolis in September of the same year. 

What important action did they take f 

They made a strong appeal to Congress for a gen- 
eral convention that would devise such provisions as 
should be proper to render the Federal Government 
not the mere phantom that it was, but a real govern- 
ment adequate to the exigencies of the Union. 

Did Congress act on this suggestion f 

Yes, promptly ; seeing its wisdom and feeling its 
patriotism. 

What action was taken f 

Congress recommended a convention of delegates 
from the several States, to revise, amend, and alter 
the Articles of Confederation. 

How many of the States accepted the proposal f 

All except Ehode Island, and they appointed dele- 
gates to meet in convention. 

W here and when was this convention held f 

In Philadelphia, from May until September, 1787. 

By ivhat name is it known in history ? 

It is known as the Constitutional Convention of the 
United States. 

What was the character of the men composing it ? 

In them were combined the very best talents, ex- 
perience, information, patriotism, probity, and char- 
acter which the country afforded. 

What was the advantage of this ? 

In the difficult circumstances of the time it was 
necessary that they should command universal public 
confidence j and they did so. 



Catechism of the Constitution. 29 

Did they accomplish the work assigned to them t 
Yes, most effectually. 

What was the character of their deliberations t 
They were marked with unprecedented unanimity. 

In what did their labors result t 

In the plan of government which now forms the 
Constitution of the United States. 

When did the Constitutional Convention complete its 
work t 

On September 17, 1787. 

How was it to become the hue of the land t 

By being submitted in each separate State to a 
convention of delegates chosen by the people, tin- as- 
sent and ratification. 

In what did the chief merit of this plan consist t 

In that it was laying the foundations of our na- 
tional polity where alone they ought to be laid, on the 
broad consent of the people. 

Is there any reason why Catholics should take a 
special interest in this Constitution t 

Yes, for in its form it approaches nearer to the 
Canon Law than any other such secular instrument. 

How have Catholics ever accepted it t 

With the fullest gratitude towards the fathers of 
the country who framed it. 

Were there any Catholics among these wise men t 

Yes, two of the most prudent, conservative, and 
patriotic of them all. 

Who were they t 

Thomas FitzSimons of Pennsylvania, Philadelphia's 
Leading merchant in his day, and Daniel Carroll of 
Maryland, a cousin both of Archbishop Carroll and 
of Charles Carroll of Carrollton, who had signed the 
Declaration of Independence. 



30 Catechism of the Constitution. 

On what special occasion have the Catholics of the 
country shown their gratitude for the Constitution? 

On that of the celebration of the centenary of its 
adoption, held in Philadelphia in September, 1887, in 
which they took a prominent part, Cardinal Gibbons 
pronouncing the closing prayer. 

When teas the new Constitution to go into effect f 

As soon as it was ratified by nine States. 

When did this talce place? 

Not until September, 1788, nearly a year after its 
adoption by the Convention. 

Was this delay a disadvantage ? 

No ; for thus the instrument had time to undergo 
the severe scrutiny of full discussion, both in private 
circles and in public print, as well as by the illustrious 
statesmen who composed the local conventions. 

Which teas the ninth State to ratify it ? 

New Hampshire, to which thus belongs the honor 
of first giving it effect. 

Did it then become binding on all the States ? 

No ; only on those so ratifying it. 

When was the Government organized under the new 
order ? 

On March 4, 1789. 

Had any other States but the nine already referred to 
ratified the Constitution by this time ? 

Yes, two more ; namely, Virginia and New York, 
which had given their assent a few days only after 
New Hampshire. 

What two had yet withheld their assent ? 

North Carolina and Ehode Island. 

When was the union of the original thirteen colonies 
completed ? 

Not until more than a year later, namely, in June, 
1790, by the acquiescence of Ehode Island, 



Catechism of THE CONSTITUTION* 31 

Has the fundamental law thus framed been a meet 
Yes, so much so that in a hundred years it has 

needed very little change. 

Have not many amendments to it been made t 

Yes, fifteen; but they are for the most part merely 

explanations and additions. 



CHAPTER V. 

PREAMBLE AND PLAN OF THE CONSTITUTION. 

What are the component parts of the Constitution as 
originally adopted t 

An introductory paragraph, or the Preamble, and 
seven Articles. 

What is the purpose of the Preamble t 

Merely to state the reasons for adopting the Con- 
stitution. 

What were these reasons or objects ! 

They were, in the very words of the paragraph, 1st, 
to form a more perfect union; _d, to establish jus- 
tice; 3d, to insure domestic tranquillity : Itli, to pro- 
vide for the common defence; 5th, to promote the 
general welfare; and Gth, to secure the blessings of 
liberty to the people and to their posterity. 

Why should ice dwell specially on the Preamble t 

Because, in order properly to interpret the prin- 
ciples of the Constitution, we should bear in mind the 
purposes for which it was adopted. 
What else does it contain t 

A statement of the parties establishing the Consti- 
tution, 



32 Catechism of the Constitution. 

Who were these parties ? 
The People of the United States. 
How does the Constitution differ in this respect from 
the Articles of Confederation f 

In that the latter emanated from the States, and not 
directly from the people. 

What else do these ivords of the Preamble show? 
The foundation or authority on which the Constitu- 
tion is based. 
Repeat the Preamble. 

"We, the People of the United States, in order 
to form a more perfect union, establish jus- 
tice, insure domestic tranquillity, provide for 
the common defence, promote the general 
welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and 
establish this Constitution for the United 
States of America." 
Does this Preamble enlarge the powers of the General 
Government or any of its departments f 

No; it can never amount, by implication, to an en- 
largement of any power expressly given, nor be the 
legitimate source of any implied power, when other- 
wise withdrawn from the Constitution. 
What is its true office, then? 

To expound the nature, extent, and application of 
the powers actually conferred by the Constitution, and 
not to create them. 

Sow are these powers of government divided and clas- 
sified according to our Constitution ? 

Under three heads ; namely, the Legislative, Execu- 
tive, and Judicial powers. 

What are the f mictions of these three powers f 

That of the Legislative is to make laws; of the Ex- 



Catechism of the Constitution. 

ecutive, to carry these laws into effect; and of the 

Judicial, to interpret tliem when a doubt arises as to 
their meaning. 

Should these powers be rested in the same agency or 
kept separate f 

The necessities of good government require their 
separation, for their union generally leads to* abuse of 
power, as has always been seen in the case of despotic 
or absolute governments. 

How is the division or distribution of tins, 
provided for in oar Constitution t 

They are most carefully kept separate and distinct. 
the details of each being treated of in a separate 
Article. 

What are these Articles .' 

Article I., which treats of the Legislative; Article 
II., of the Executive, and Article HL, of the Judicial 
power. 



CHAPTEK VI. 

THE LEGISLATIVE BRANCH OF GOVERNMENT. 

How is the first Article subdivided t 

Into ten sections. 

IVhat is the purport of the first seetion t 

The granting and vesting of legislative powers. 

Why ought the line of separation between this j>ower 
and the other branches of the Government be marked 
with most careful and distinct precision t 

Because it is the supreme power in the state, and 
the department in which it resides naturally has a 
preponderance in the political system. 



34 Catechism of the Constitution. 

In what body in our system are legislative powers 
vested f 

In a Congress of the United States. 

Of what does this Congress consist ? 

Of a Senate and House of Representatives. 

Why was the legislative body thus divided into tivo 
branches ? 

That one might act as a check upon the other, thus 
preventing hasty and partisan legislation, at least to 
a great extent. 

When may the plan fail of its intention f 

When the same political party has a strong major- 
ity in both branches. 

Has it succeeded t 

Yes, so fairly well that some States, having origin- 
ally the one-branch system, have abandoned it for the 
other. 

Can yon mention any of these States ? 

Pennsylvania, before the adoption of the Constitu- 
tion of 1838, and Georgia, also, had this system. 

How did it work ? 

Their proceedings were so marked by instability 
and passion as to be made the subject of much public 
animadversion. 

What are the words of the first section of Article I. 
of the United States Constitution t 

u All legislative powers herein granted shall be 
vested in a Congress of the United States, 
which shall consist of a Senate and House of 
Representatives." 



(Jateceism of the Constitution. 
CHAFFEE VII. 

THE HOUSE or REPRESENTATIVES, 

Of what docs the second section of ArticU I. treat t 

Of the House of Representatives, or lower branch of 
Congress. 

Is it a simple section like the first t 

No: it is subdivided into live clauses. 

Of what do tl<<*' treat r< s]><<tinJii .' 

The first, of the membership of tin* Souse; the - 
ond, of the qualification of Representatives : the thud, 
of the apportionment of Representatives, and taxes 
according to numbers; the fourth, of the filling 
vacancies; and the fifth, i f the powers of the Bouse. 

Repeat Clause 1. 

•••The House of Representatives shall be eom- 
posed of members chosen every second year 
by the people of the several States; and the 

electors in each State shall have the qualifica- 
tions requisite for electors of the most numer- 
ous branch of the State legislature.' 5 
What is the purport of this cla\ 
The composition of the House and the qualification 
of those choosing its memtx 

How long is the term for which members of the H< 
are chosen t 

Two years. The whole House is renewed every 
second year. 

Why was this rule of a comparatively short term of 
service adopted t 
In order that the people might have more frequent 



30 Catechism of the Constitution. 

opportunity of expressing approval or disapproval of 
their Representatives' conduct. 
Who choose them ? 

The voters of the various States, by States. 
Why was it necessary to say that u the electors in 
each State shall have the qualifications requisite for 
electors of the most numerous branch of the State legis- 
lature?" 

Because different franchise laws prevailed in dif- 
ferent States, and have so prevailed down to our 
time. 

Can you mention one very peculiar instance ? 
That of Ehode Island, where a law requiring a 
property qualification for citizens of foreign birth was 
repealed only by the legislature of 1888, the new law 
taking effect only in 1889. 

As a general rule who are electors ? 
All male native citizens of over twenty-one years, 
and all those of foreign birth who have been duly 
naturalized. 
Is full naturalization required in every instance? 
No ; in some States the franchise is given to men 
who have merely declared intention to become citi- 
zens. 

What qualifications must a man possess to become a 
member of the Souse ? 

Those set forth in Clause 2 of the second section of 
Article I., as follows : 

" No person shall be a representative who shall 
not have attained to the age of twenty-five 
years, and been seven years a citizen of the 
United States, and shall not, when elected, 
be an inhabitant of that State in which he 
shall be chosen." 



Catechism op the Constitution. 37 

JIo/c old must a man be to become a Representative in 
Congress? 
At least twenty-five years. 

Row long a citizen of the United statist 
At least seven years. 

And /chat is the third qualification he must poss< 
He must, when elected, be an inhabitant of the 
State sending him to Congress. 
Must he reside in the district he wishes to represent t 
No; congressional districts are only of compara- 
tively recent institution. 



CHAPTEB VIII. 

APPORTIONMENT OF THE REPRESENTATIVES IN 
CONOR] 

To what does Clause 8 of the same section refer t 
To the apportionment of Representatives and direct 
taxes among the States according to their population. 

Does this clause stand note as it was originally 
framed ? 

No; a portion of it has been changed by an amend- 
ment adopted soon after the close of OUT civil war. 

What led to this change? 

The abolition of slavery in all the States of the 
Union. 

Were slaves, then, not counted in the population of 
the States in which they lived t 

Not fully, as regarded representation of those States 
in Congress. 

To what extent, then ? 

For the purpose of representation three-fifths only 



38 Catechism of the Constitution. 

of tlie slaves were added to the number of free 
persons. 
Did these slaves enjoy the franchise f 
No ; they only entitled the States to more members 
of the House of Eepresentatives than they would 
have had without them. 

Besides the remaining two-fifths of slaves, were there 
any inhabitants not counted f 
Yes ; all Indians not taxed. 

What of persons bound to service for a term of years? 
They were counted among the whole number of 
free persons. 

Who were meant by those bound to service for a num- 
ber of years ? 

Apprentices, who were therefore included among 
the number of free persons. 

Repeat the portion of the third clause treating of these 
matters. 

" Eepresentatives and direct taxes shall be ap- 
. portioned among the several States which 
may be included within this Union accord- 
ing to their respective numbers, which shall 
be determined by adding to the whole number 
of free persons, including those bound to ser- 
vice for a term of years, and, excluding Indians 
not taxed, three-fifths of all other persons. 
By ivhat enactment are parts of these regulations 
modified f 
By the Fourteenth Amendment to the Constitution. 
What is the next sentence of this Clause 3 f 

u The actual enumeration shall be made within 
three years after the first meeting of Con- 
gress, and within every subsequent term of 
ten years, in such manner as they shall by 
law direct." 



Catechism of the Constitution. 89 

When was this part of our fundamental law first 
complied with t 

In tlieyear 1790. 

Was it been fully carried out since? 

Yes; regularly once every ten years. 

Did the Constitution limit the number of representa- 
tives t 

It did. 

II ow were they limited f 

They were not to exceed one for every thirty thou- 
sand inhabitants. 

What of a State whose population was less than 
thirty thousand? 

It was to have one representative in Congress. 

What are the words of the Constitution making this 
regulation ? 

"The number of Representatives shall not ex- 
ceed one for every thirty thousand, but each 
State shall have at least one Representative." 

Before the first enumeration or ems us was made, 
how many Representatives did all the states hare in 
Congress? 

A total number of sixty-five membei 

How were these members apportioned among the 8tah %t 

New Hampshire had three; Massachusetts, eight; 
Rhode Island, one ; Connecticut, five ; New York, six: 
New Jersey, four; Pennsylvania, eight; Delaware, 
one; Maryland, six; Virginia, ten: North Carolina, 
five; South Carolina, five, and Georgia, three. 

Has this proportion been changed t 

Yes, repeatedly, after each census. 

Do these States still retain the same ratio of repre- 
sentation to one another t 

Not at all; some now have more and some less. 



40 Catechism of the Constitution. 

What States have now the same number of Repre- 
sentatives as they had then ? 

Delaware, Maryland, and Virginia. 

In what States has the number been reduced ? 

In New Hampshire and Connecticut. 

Where has the greatest proportion of increase taken 
place ? 

In New York State. 

How have these changes been brought about ? 

By changes in the proportionate amount of popula- 
tion of the various States. 

In what other way has the membership of the House 
of Representatives been changed ? 

By the admission of new States into the Union. 

How many of these new States have been admitted? 

Twenty-five. 

May others be admitted? 

Yes ; preparations are now in progress for the ad- 
mission of four others, namely : North Dakota, South 
Dakota, Washington, and Montana. 

When may they become States of the Union ? 

As soon as their constitutions are approved by 
Congress. 

Of how many States, then, is the Union now com- 
posed ? 

Thirty-eight. 

Under what apportionment are they now represented 
in Congress? 

Under that of 1882. 

On tvhat census is this apportionment based ? 

On that of 1880. 

Can you give the names of the thirty-eight States, and 
the number of members of the House of Representatives 
to which each is now entitled ? 

Yes; they are: New York, thirty -four; Penn- 



Catechism op the Constitution, \\ 

sylvania, twenty-eight; Ohio, twenty-one; Illinois, 
twenty; Missouri, fourteen; Indiana, thirteen ; Mas- 
sachusetts, twelve; Kentucky, Michigan, Iowa, and 
Texas, eleven each; Virginia, Georgia, and Tennes- 
see, ten each; North Carolina and Wisconsin, nine 
each; Alabama, eight; New Jersey, South Carolina, 
Mississippi, and Kansas, seven each : Maryland, 
Louisiana, and California, six each; Arkansas and 
Minnesota, five each; Connecticut, Maine, and West 
Virginia, four each; Nebraska, three ; New Hamp- 
shire, Rhode Island, Vermont, and Florida, two each; 
and Delaware, Oregon, Nevada, and Colorado, one 
each. 

Of how many members, then, dors the House of Rep- 
resentatives consist at present t 

Of 325 members. 

What, according to the census of 1880, is the propor- 
tion of inhabitants to each BepresentatiVi t 

It is 151,912, 

Is this same proportion maintained in the carious 
States t 

As nearly as possible. 

Hon- do the States elect their Ixeprescntati < 

By single member districts arranged according to 
population. 

How is this done? 

By act of the State Legislature. 

Was this always the rule? 

No; originally the voters throughout the whole 
State voted for as many candidates for the House of 
Representatives as the State was entitled to. 

The division of the States into districts, eaeh of which 
returns a single member, i* an innovation, then t 

Yes, in many States it is of comparatively recent date. 



42 Catechism of the Constitution. 

When a vacancy occurs in the representation of any 
State, how is it filled? 

The executive authority of that State issues a writ 
of election to fill such vacancy. 

When by apportionment of Congress an additional 
member is assigned to any State, and the Legislature of 
that State fails to make a new apportionment, how is 
the additional member elected ? 

By the voters of the whole State, or "at large/' as 
it is called. 
Repeat the clause referring to the filling of vacancies. 
" When vacancies happen in the representation 
from any State, the executive authority 
thereof shall issue writs of election to fill 
such vacancies." 
Has the House of Representatives power over its otvn 
organization f 

Yes, it has power to choose the Speaker, or presid- 
ing officer, and other officers of the House. 
What other power is vested in this body alone ? 
That of impeachment. 
What does this power imply f 

It implies that the Representatives have a right to 
bring accusation against high officials of the Govern- 
ment on account of improper administration of the 
duties of office. 
Has the House the power to try impeachments also f 
No; this power belongs to the Senate, as we shall 
see a little later on. 

Repeat the clause assigning certain powers to the 
House. 

"The House of Representatives shall choose 
their Speaker and other officers, and shall 
have the sole power of impeachment." 



Catechism of the Constitution. 13 



CHAPTER IX. 

TIIE UNITED STATES SENATE. 

What is the subject of the third section of Article J. 
of the Constitution f 

The election, organization, and duties of the second 
or higher branch of the United States Congress. 

By what name is this brunch called t 

By that of the United States Senate. 

Of whom is this body composed t 

Of two delegates from each State. 

How a/re they chosen f 

By the legislatures of the separate State 

For how long a term are they chosen? 

For six years. 

Are they all chosen for terms beginning at the some 
time f 

No; a third of them are replaced every two years. 

The organization of the Senate differs, then, from 
that of the House ? 

Yes; not only as to the number of members, but 
also in the mode of election and the length of tin' 
term of service. 

Hon' many members now compose the Senate? 

Seventy-six. 

What advantage is thought to be derived from their 
long term of service? 

The counteracting of the influence of the fluctua- 
tions of popular opinion on the lower branch of the 
legislature. 



44 Catechism of the Constitution. 

What other advantage accrues f 
The smallest States have an equal voice with the 
largest. 

Row is the voting done in the Senate f 

Each Senator has one vote. 

How was voting done in the Continental Congress f 

One vote was cast for each State. 

Repeat the first clause of Section 3. 

"The Senate of the United States shall be 

composed of two Senators from each State, 

chosen by the Legislature thereof for six 

years ; and each Senator shall have one vote." 

Hoio were the Senators divided originally into three 

sections, each third part of them going out every two 

years f 

By the second clause of the third section of Article 
I. of the Constitution it was so ordered. 
What are the words ordering this division f 
They are these : 

" Immediately after they shall be assembled in 

consequence of the flrst election, they shall 

be divided, as equally as may be, in three 

classes." 

What is said, then, about the vacating and filling of 

the seats of those of the first class f 

" The seats of the Senators of the first class 
shall be vacated at the expiration of the 
second year." 
And of those of the second class f 

" At the expiration of the fourth year." 
And of those of the third class f 

"At the expiration of the sixth year." 
Row many, then, are chosen every second year f 
One-third, or ats near as may be. 



Catechism of the Constitution. US 

What is the consequence of this arrangement t 

The Senate is practically made a perpetual body. 

Does a/ny advantage accrue from this t 

In this way the Senate may always contain a con- 
siderable proportion of members well versed in public 
business. 

Hoic is a vacancy filled that happens u by resignation 
or otherwise during the recess of the legislature of any 
State"? 

It is provided in the same clause that in such eases 
the executive of said State "may make temporary 
appointments until the next meeting of the legisla- 
ture, which shall then fill such vacancies." 

What are the qualifications requisite to become a 
Senator ? 

They are three: age, citizenship, and residence. 

Hoir old must he be f 

Thirty years. 

Hon' long a citizen f 

Nine years. 

And what of his residence? 

He must be an inhabitant of the State for which he 
is chosen. 

Bepeatthe clause reciting the qualifications of Senators. 
u TSo person shall be a Senator who shall not 
have attained to the age of thirty years, and 
been nine years a citizen of the United 
States, and who shall not, when elected, be 
an inhabitant of that State for which he 
shall be chosen." 

How do the qualifications of a Senator differ from 
those of a Representative t 

The latter need be only twenty-five years old and 
seven years a citizen.' 



46 Catechism of the Constitution. 

Who ordinarily presides over the Senate ? 
The Vice-President of the United States. 
Is he privileged to vote f 

Not unless the Senate be evenly divided in voting. 
Repeat the clause dealing with the Vice-Presidenfs 
relations to the Senate. 

u The Vice-President of the United States shall 

be President of the Senate, but shall have 

no vote, unless they be equally divided." 

In ease of the death or absence of the Vice-President, 

or when he may exercise the office of President of the 

United States, who presides over the Senate f 

An officer specially chosen from among the Senators 
themselves for such an emergency, who is called the 
President pro tempore of the Senate. 

Sow are the other officers of the Senate chosen f 
By the members of that body themselves. 
In what clause of Section 3 are these provisions 
made f 

In the fifth, which reads as follows : 

"The Senate shall choose other officers, and 
also a President pro tempore, in the absence 
of the Vice-President, or when he shall ex- 
ercise the office of President of the United 
States." 



Catechism of the Constitution. 17 



CHAPTER X. 

IMPEACHMENT TRIALS. 

What power is it that is vested in the Senate only? 

The power to try all impeachments. 

Wherein is the power to order an impeachment trial 

vested t 

In the House of Representatives, as we have al- 
ready seen. 

How docs the Senate conduct on impeachment trial t 

All the Senators take part) forming a jury, and are 
put on oath or affirmation. 

Wlit/ is this done t 

Because they are then equivalent to a jury. 

Who presides in ordinary coses of impeachment t 

The actual President of the Senate. 

Are there any exceptional cases? 

Yes ? one. 

What is it t 

When the person impeached is the President of the 
United States. 

Who presides in this instate 

The Chief-Justice of the Supreme Court of the 
United States. 

What is requisite for conviction in an impeachment 
trial t 
The concurrence of two-thirds of the Senators present. 

Why was this number chosen instead of a majority or 
a unanimous vote t 

Because of the prevalence of political feeling : in 
the former case few would escape, and in the latter 
few could be convicted. 



•18 Catechism of the Constitution. 

Repeat the clause relating to impeachments. 

" The Senate shall have the sole power to try 
all impeachments. When sitting for that 
purpose they shall be on oath or affirmation. 
When the President of the United States is 
tried, the Chief- Justice shall preside ; and no 
person shall be convicted without the con- 
currence of two-thirds of the members pres- 
ent." 
To ivhat does the seventh and last clause of this sec- 
tion refer ? 
To the extent of judgment in cases of impeachment. 
How far does such judgment extend f 
No " further than to removal from office, and dis- 
qualification to hold and enjoy any office of honor, 
trust, or profit under the United States." 

Is the party convicted liable to trial in any other 
court f 

Yes; he may afterwards "be liable and subject to 
indictment, trial, judgment, and punishment, accord- 
ing to law." 



OHAPTEE XI. 

ELECTION TO AND MEETING OF CONGRESS. 

What is the subject of the fourth section of Article I. ? 

The manner of electing members and of the meeting 
of both branches of Congress. 

In whom does the Constitution vest the power of regu- 
lating these elections f 

In the legislature of each State. 



Catechism of the CONSTITUTION. 49 

Does Congress in this regard reserve any power to 
itself t 

Yes; that of making or altering such regulations, 
except as to the places for choosing Senators. 

Why does it reserve this power t 

Because the State legislature may neglect to make 
such provision, and thus embarrass or impede the 
progress of public business. 

Why does Congress not interfere as to the place of 
choosing Senators t 

Because it is the exclusive province of the State 
legislature, which chooses them, to decide where it 
shall meet and transact the business of the Stare. 

What may the State legislature do in regard to the 
election of members of Congress f 

It may choose the times, places, and manner of hold- 
ing elections, except when Congress may interfere as 
already explained. 

What are the words of the clause laying down tl 
regulations t 

u The times, places, and manner of holding elec- 
tions for Senators and Representatives shall 
be prescribed in each State by the legislature 
thereof; but the Congress may at any time. 
by law, make or alter such regulations, ex- 
cept as to the places of choosing Senators." 

What provision is made as to the meeting of Con- 
gress f 

That it shall assemble at least once a year. 

Is the time of such meeting specified t 

Yes ; the first Monday of December is the day 
named. 

Is power given to change this date t 

Yes : but it has never been exercised, 



50 Catechism of the Constitution. 

Repeat Clause 2 of the fourth section — that which 
regulates the meeting of Congress. 

" The Congress shall assemble at least once in 
every year, and such meeting shall be on the 
first Monday in December, unless they shall 
by law appoint a different day." 

When are members of the House of Representatives 
now generally elected f 

On the Tuesday next following the first Monday of 
November of each even year. 

Why do you say generally ? 

Because they are chosen at a different time in some 
States, namely, at the time of the State election. 

Were the majority always chosen in November f 

Wo ; the rule of uniformity in this regard has been 
but very slowly and gradually adopted by the States. 

Does the Congress meet on the first Monday of De- 
cember next following the November election at which 
they are chosen f 

No; not for a year later. 

When does the term of each Congress end ? 

At noon on the fourth day of March of each odd year. 

How many regular sessions may each Congress hold f 

Two. 

How are they popularly distinguished f 

As the long session and the short session. 

How does the latter get its name ? 

Because it must end on the fourth day of March, 
while the former may be continued until the opening 
of the latter. 

How is any one's right to a seat in Congress ascer- 
tained ? 

Each House examines and passes upon the claims 
of those applying for membership in it, 



Catechism of the Constitution. 51 

How many Members are necessary to the transaction 

Of business t 

A majority of the whole Dumber entitled to seats in 
each House. 

By what name is such a majority known t 
It is designated a quorum. 
If a smaller number meet, what may they do t 
They may adjourn from day to day. 
Can they compel absent members to attend t 
Yes; in such manner and under such penalties 
each House may provide. 

Why is this power given to a minority of a legisla- 
tive body? 

Because if such authority were no1 given, a portion 
of the members could suspend legislation by pur- 
posely absenting themselv< 

Repeat the first clause of Section 5. 

"Bach House shall be the judge of the elec- 
tions, returns, and qualifications of its own 
members; and a majority of each shall con- 
stitute a quorum to do business; but a 
smaller number may adjourn from day to 
day, and may be authorized to compel the 
attendance of absent members, in such man- 
ner and under such penalties as each house 
may provide.'' 
What provision is made for the maintenance of order 
in Congress? 

Each House may determine its own rules. 
What may be done with a member guiUy of disorderly 
conduct t 

He may receive such punishment as his fellow- 
members see tit to inflict, or be expelled from the 
House if two-tliirds of tliein so decide. 



52 Catechism of the Constitution. 

Why was this power given? 

To preserve decorum among so important a body of 
men. 

What are the words of the clause relating to these 
rules of order? 

u Each House may determine the rules of its 
proceedings, punish its members for disor- 
derly behavior, and with the concurrence of 
two-thirds expel a member." 

How is a record of the proceedings to be kept? 

Each House is ordered by the third clause of Sec- 
tion 5 to keep a journal thereof. 

Is this to be published? 

Yes, excepting such parts as may in the judgment 
of the members require secrecy. 

Is the record of votes and divisions to be kept on the 
journal? 

Yes, if one-fifth of those present demand that the 
yeas and nays be recorded. 

What is meant by taking the yeas and nays ? 

Eecording the names of those voting and the side 
on which they vote. 

Have both Houses of Congress always held open ses- 
sions ? 

No; in the first few years of its history all the ses- 
sions of the Senate were held in secret. 

Has the practice been entirely abandoned ? 

No ; occasionally the Senate still holds secret ses- 
sions. 

When may Congress adjourn ? 

Only when both Houses have agreed to do so can 
they terminate a session. 

Can either House adjourn temporarily ? 

Yes, but for no longer than three days without the 
consent of the other. 



Catechism of the Constitution. S3 

Is there a limit a? to the place of adjournment t 
They cannot adjourn to any other place than that 
in which the two Houses shall he sitting. 
What is the clause regarding adjournment? 
It is the fourth and last of Section 5 of Article I. 
How does it run ! 

"Neither Bouse, during the session of Con- 
gress, shall, without the consent of the other, 
adjourn for more than three days, nor to any 
other place than that in which the two 
Houses shall be sitting." 



OHAPTBB XII. 

SALARIES, PRIVILEGES, AND DISABILITIES OF MEM- 
BERS OF CONGRESS. 

What is the subject of the next section f 

The salaries, privileges, and disabilities of Members 
of Congress. 

What is provided as to salaries? 

That "the Senators and Representatives shall re- 
ceive a compensation for their services." 

Row is this compensation to be determined? 

It is "to be ascertained by law." 

How much compensation do Senators n 

Five thousand dollars a year. 

How much docs the President of the Senate, or Vice- 
President of the United States, get? 

Eight thousand dollars a year. 

What is the salary of members of the House of Rep- 
resentatives? 

Five thousand dollars a year. 



54 Catechism of the Constitution. 

And that of the Speaker of the House? 

Eight thousand dollars a year. 

Whence is this money to be drawn? 

Out of the Treasury of the United States. 

What are the special privileges of members of both 
Houses ? 

Exemption from arrest and from responsibility for 
speeches made in either House outside of the place in 
which they have been delivered. 

How far does the exemption from arrest extend ? 

To the time while they are attending at the session 
of their respective Houses, or while they are going to 
or returning from the same. 

Is there any exception to this rule ? 

Yes ; even during this privileged time they may 
be arrested for treason, felony, and breach of the 
peace. 

What do you think of the three principal rulings of 
this clause ? 

They are all based on wisdom. 

Is it well to pay members a competent salary ? 

Tes ; for while it may in some cases tempt un- 
worthy persons to seek the office, yet it opens the way 
for others than the wealthy, and thus does away with 
limiting law-making to a privileged class, as has al- 
ways been the case in England. 

Why should members be exempted from arrest ? 

Because otherwise constituencies might be left un- 
represented in Congress, and public business might 
suffer detriment. 

Are the exceptions to this exemption based on sound 
judgment ? 

Yes ; for thus a safeguard is placed over the con- 
duct of the members. 



Catechism of the Constitutio 58 

And what is the advantage of holding them responsi- 
ble for their speeches only in the respect ire HouSi 
which these speeches may be delivered t 

That entire freedom of debate, combined with de- 
coram of language, may be preserved. 
Repeat, then, the first clause of Section ft 

"The Senators and Representatives shall re- 
ceive a compensation for their services, to 
be ascertained by law, and paid out of the 
Treasury of the United States. They shall 
in all cases, except treason, felony, and 
breach of tin 1 peace, be privileged from ar- 
rest daring their attendance at the session 
of their respective Bouses, and in going to 
and returning from the same; and for any 
speech or debate in either House they shall 
not he questioned in any other place." 
What is the subject of the other clause of this section t 
The disability to hold offices. 
From what offices are Senators and Representai 
excluded during their term of service in either House f 

From such civil offices under the authority of tin 4 
United States as may be created or whose emolu- 
ments may be increased during such time. 

Can persons holding office under the United states 
become Members of Congress 

Not unless they resign from such offic 
Can Members of Congress be appointed to offices under 
the United States Government already existing f 

They can, provided the emoluments of these offices 
have not been increased during their term in Congress. 
Why are Members of Congress excluded from such 
offices f 

Because otherwise, in the hope of pecuniary gain, 



56 Catechism of the Constitution. 

they might, without any other reason, be induced to 
vote for the creation of such offices. 

What must a Member of Congress do before accept- 
ing an office under the United States f 
He must first resign his seat in Congress. 
And what if an office-holder wants to become a Mem- 
ber of Congress f 

He must resign his office. 

Repeat Clause 2 of the sixth section. 

"No Senator or Representative shall, during 
the time for which he was elected, be ap- 
pointed to any civil office under the authority 
of the United States which shall have been 
created, or the emoluments whereof shall 
have been increased, during such time ; and 
no person holding any office under the 
United States shall be a member of either 
House during his continuance in office." 
What power is vested in the House which the Senate 
does not possess? 
That of originating bills for the raising of revenue. 
Has the Senate, then, nothing to do with such bills f 
Yes ; it may pass upon them as upon other bills, 
and propose amendments to them. 
Where is this provision made f 
It is found in the first clause of the seventh sec- 
tion of Article I. 
How does this clause read ? 
As follows : 

"All bills for raising revenue shall originate 
in the House of Representatives ; but the 
Senate may propose or concur with amend- 
ments as on other bills." 



Catechism of the Constitution. 57 

OHAPTEB XIII. 

THE ENACTMENT OF LAWS. 

How does a bill become a law t 

It must first be adopted in exactly tin* same words 
by both Bouses, and then be approved by the Presi- 
dent of the United States. 

How does he give a bill the force of law t 

Either by signing it with his name as President. 
or allowing a certain period to elapse without acting 
upon it at all. 

How may he prevent a bill from becoming a lawt 

By "vetoing" it. 

What is meant by vetoing t 

His returning it without his signature, and with a 
statement of his objections to it, to the House in 
which it originated. 

What does this House then do with it t 

It orders the objections to be entered at large upon 
the journal of the House, and proceeds to reconsi- 
der it. 

After this, may the bill yet become a law t 

Yes, if, upon such reconsideration, two-thirds of 
the votes of both Houses are recorded in favor of it. 

Is it then sent again to the President for his signa- 
ture? 

No; it now becomes a law without his signing it. 

What is this process called/ 

It is known as passing a bill over the President's 
veto. 



58 CATECniSM OF THE CONSTITUTION. 

In case it fails to receive a two-thirds vote in either 
House after being sent bach vetoed, what becomes of 
itt 
It is at once dropped from further consideration. 
What are the tvords of the Constitution relating to 
the signing and vetoing of bills by the President? 

u Every bill which shall have passed the House 
of Representatives and the Senate shall, be- 
fore it become a law, be presented to the 
President of the United States ; if he ap- 
prove, he shall sign it ; but if not, he shall 
return it, with his objections, to that House 
in which it shall have originated, who shall 
enter the objections at large on their journal, 
and proceed to reconsider it. If, after such 
reconsideration, two-thirds of that House 
shall agree to pass the bill, it shall be sent, 
together with the objections, to the other 
House, by which it shall likewise be recon- 
sidered, and if approved by two-thirds of 
that House, it shall become a law." 
Row are the votes determined in such cases ? 
By recording the yeas and nays; that is, taking 
down the names of those voting for and against. 

Are these names thus taken down entered on the 
journals f 
Yes, on that of each House respectively. 
How is this provision stated in the fundamental 
law? 

u In all cases the votes of both Houses shall be 
determined by yeas and nays, and the names 
of the persons voting for and against the bill 
shall be entered on the journal of each House 
respectively." 



Catechism or the Constttuttoh. 89 

In what other way than by passing ore,- ike l'> 
denfs veto can a bill become a law without his signati 

By remaining in his bands ten days (not counting 
Sundays), while Congress is in session, without his 
taking any action upon it. 

Why do we say u while Oong m " t 

Because, should Congress adjourn before the ex- 
piration of the ten days, then it does not become a law. 
What is the language of the Constitution in referena 
to this /rise ruling? 

"If any bill shall not he returned by the Pi 
dent within ten days (Sundays excepted) 
after it shall have been presented to him, tin* 
same shall be a law in like manner as if lie 
had signed it, unless the Congress by their 
adjournment prevented its return, in which 
case it shall not be a law." 
To what is the last clause of the sen nth section 
devoted ! 
To the forms of procedure on joint resolutions. 
What is their general characti r t 
These forms art 4 in general the same as those laid 
down for the enacting of laws. 
Are they not the same in all eases? 
No; there is one exception. 
What is this exception ? 

The motion or joint resolution of both Houses to 
adjourn. 

Has the President the veto power over all other 
resolutions f 
Yes, just the same as in the ease of ordinary bills. 
Why was this power given to him ? 
In order to prevent laws from being enacted in the 
form of joint resolutions. 



60 Catechism of the Constitution. 

Repeat the clause regarding these resolutions. 

u Every order, resolution, or vote to which the 
concurrence of the Senate and House of 
Eepresentatives may be necessary (except on 
a question of adjournment) shall be presented 
to the President of the United States, and 
before the same shall take effect shall be ap- 
proved by him, or, being disapproved by him, 
shall be repassed by two-thirds of the Senate 
and House of Eepresentatives, according to 
the rules and limitations prescribed in the 
case of a bill." 



CHAPTEE XIV. 

TAXATION. 

Of what does the eighth section of Article I. treat f 

Of the powers granted to Congress. 

Row are these powers enumerated ? 

They are set forth in seventeen different clauses. 

Which of these poivers is mentioned first ? 

That of taxation. 

What is a tax f 

Money which the law requires individual citizens to 
pay towards the meeting of public expenses. 

How many Jcinds of taxes are there ? 

Two ; direct and indirect taxes. 

What is a direct tax ? 

Such as is levied upon and collected from the citi- 
zen either on account of his person or his property. 

How many Jcinds of direct taxes are there, then f 

Two also, as we see from the preceding answer: 
those upon persons and those upon property. 



Catechism of the Constitution. 61 

Is the power of levying these taxes confined to the 
Federal Government t 

No; they may be levied also by the State govern- 
ments. 

By what ofher names is the personal tax known t 

It is sometimes called poll tax and sometimes capi- 
tation tax. 

What are indirect taxes? 

Those levied and depending on the consumption of 
certain articles of commerce. 

How many kinds of indirect tares are there? 

Three; namely, those on imports, exports, and 
manufactures. 

What are Imports f 

Goods brought into the country from abroad. 

What are exports? 

Goods sent out of the country to other countries. 

And what is meant here by mannfactn, 

Goods produced in the country. 

What name is (jinn to tares on imported <jo<>dsf 

Imposts. 

And what names apply to taxes on both imported and 
exported goods t 

Customs and duties. 

What is the place called where these taxes an 
levied? 

The Custom-house. 

What is the common name given to tares on manu- 
factures f 

The excise. 

Row are direct taxes apportioned among the States? 

Iu the same maimer as are Bepresentatives in Con- 
gress ; namely, according" to the relative population of 
the States, 



62 Catechism of the Constitution. 

What power is vested in Congress in regard to 
taxation? 

The power "to lay and collect taxes, duties, im- 
posts, and excises." 

What else is laid down in the Constitution regarding 
these taxes ? 

That " all duties, imposts, and excises shall be uni- 
form throughout the United States." 
Where are these regulations set forth ? 
In the first clause of the eighth section of Article I. 
What other direction is given in this same clause ? 
That Congress shall " pay the debts and provide 
for the common defence and general welfare of the 
United States." 

What would seem to have been the intention of the 
framers of the Constitution in combining these two 
statements together? 

That only so much taxes should be levied as are 
necessary to meet the expenses of government. 
Repeat the whole clause. 

"The Congress shall have power to lay and 
collect taxes, imposts, and excises ; to pay the 
debts and provide for the common defence 
and general welfare of the United States; 
but all duties, imposts, and excises shall be 
uniform throughout the United States." 
What is the next power expressly given to Congress ? 
"To borrow money on the credit of the United 
States." 
Why is it necessary for Congress to have this power ? 
Because on it depends not only the credit, but the 
existence of the Federal Government, in a time of 
great exigency, when taxes could not be levied soon 
enough or plentifully enough. 



Catechism of run Constitution, o:> 



CHAPTER XV. 

COMMERCE. 

What is the subject of the third clause t 

The regulating of commerce with foreign nations, 

between the States of the Union, and with the In- 
dian tribes. 

What is meant by these wards t 

The laying down of rules by which the carrying on 
of commerce is to be governed. 

What two 'ulcus (ire combined in the name of com- 
merce f 

Those of navigation and of traffic, or interchange 
of commodities. 

Does this clause give Congress a ny special privilege* 
within the individual States t 

Yes; it gives Congress absolute control over all 
navigable waters, not only along the const and be- 
tween separate States, but even within the limits of 
any State. 

What duties follow this right t 

The surveying of coasts and harbors, the clearing 
of channels, the building and maintenance of light- 
houses and quarantine stations, ete. 

Has Congress any other duties to perform in regard 
to the shipping trade t 

It enacts laws regarding seamen on American ves- 
sels, concerning fisheries and the coasting trade, 
pilotage laws, ete. 

How does government under the Constitution differ 
in respect to commerce laws from the old Confederacy t 

Not only the Confederation, but the Continental 



64 Catechism of the Constitution. 

Congress preceding it, had no power over commerce, 
the regulation and management of which was left to 
each particular State. 

What came of this state of affairs ? 

The almost total decay and destruction of the ship- 
ping trade of the States, and the springing up of 
rivalries and jealousies between them that brought 
them almost to civil war. 

With whom now do the Indian tribes deal and 
negotiate ? 

With the United States Government. 

With whom did they deal before the Revolution f 

With the ruling authority in the various colonies 
acting in the name of the King of England. 

Has the Congress power to regulate commerce betiveen 
the States ? 

Yes ; and is now exercising this power by means 
of the Inter-State Commerce Act. 



CHAPTEE XVI. 

NATURALIZATION. 

Of tvhat does the fourth clause of the section under 
consideration treat f 

Of the two subjects of naturalization and bank- 
ruptcy. 

Has Congress always exercised its privilege in regard 
to these matters ? 

Only in the most general way ; the various States 
have been allowed to make laws regulating the de- 
tails of both. 



Catechism of the Constitution. 85 



What does naturalization mean t 

Giving the rights of citizenship to foreigners taking 
u}> a permanent residence in this country. 

Is it important that the condition* of citizenship 
should be the same for all the State* 

Yes; a citizen of one State is entitled by the Con- 
stitution to all the rights of citizenship in every State 
of the Union. 

Hare the States given a uniform interpretation to 
this right t 

No 5 in Pennsylvania, for instance, a foreigner 
must have completed his naturalization before he can 
be permitted to practise law, while, according to a 
recent decision in New York, lie need only declare 
his intention to become a citizen in order that he be 
admitted to the bar. 

Tliere are, then, different stages in tic process of 
naturalization t 

Yes, two; the declaration of intention to become a 
citizen, and the carrying into effect of this intention. 

When may the declaration of intention be made? 

At any time after arrival in the country. 

And when may naturalization take plcu 

Not sooner than after live years of continuous resi- 
dence here, and at least two full years after the 
declaration of intention has been made. 

Has this always been the law under our Constitution t 

No, though it was the law originally adopted. 

When was the original law changed t 

In 1798, during the administration of President 
Adams. 

What was the nature of the change t 

It required a term of twenty-one years' residence as 
a condition of citizenship for foreigners. 



GG Catechism of the Constitution. 

How long did this law remain in force f 

Nearly five years. 

When ivas it repealed f 

In the early part of Jefferson's first administration. 

Has the law been interfered with since f 

No; though there has repeatedly been agitation in 
favor of the longer term of probation. 

Do you remember the tivo most noteworthy instances 
of this agitation ? 

They were the Native- American movement of 1844 
and the Know-Nothing movement of 1855. 

What is the best-Jcnown outcome of citizenship f 

The electoral franchise, or privilege of voting. 

Has this always been uniform in all the States f 

By no means, and complete uniformity has not yet 
been reached, though the tendency has ever been in 
this direction. 

What State presents the most noteworthy exception to 
the rule ? 

Ehode Island, where a property qualification was 
long required of citizens of foreign birth. 

Has not this laiv been repealed f 

Yes, but it took effect only in 1889. 

Is there any other discrepancy between the States as 
to voting f 

Yes, and in the direction of extreme liberality. 

What is this t 

For the exercise of the electoral franchise only the 
declaration of intention and a short term of resi- 
dence is required in as many as fifteen States. 

What are these States f 

Alabama, Arkansas, Colorado, Florida, Indiana, 
Kansas, Louisiana, Michigan, Minnesota, Mississippi, 
Nebraska, Nevada, Oregon, Texas, and Wisconsin. 



Catechism of the Constitution. <>7 



How do some try to reconcile tliis state of affairs 
with the provision in the United States Constitution 
making naturalization uniform for all the States t 

By simply declaring that the electoral franchise is a 
privilege separate and apart from citizenship. 

What are the words of the Constitution in this 
regard t 

"The Congress shall have power to establish a 
uniform rule of naturalization." 



CHAPTER XVII. 

BANKRUPTCY LAWS, THE CURRENCY, COPYRIGHT, 

AND PATENTS. 

Is a similar provision made as to bankruptcy t 
Yes; it is enacted that there may be "uniform laws 
on the subject of bankruptcies throughout the United 

States." 

What provisions should be made by bankrupt and 
insolvent laws t 

Creditors should be secured as far as possible when 
their debtors become insolvent. 

How far should this security extend t 

The insolvent debtor's effects should be fully sur- 
rendered and equitably distributed among- the credi- 
tors. 

What right should be secured to unfortunate debt- 
or s t 

Their creditors, after getting their surrender, should 
give them a legal discharge. 



68 Catechism of the Constitution. 

Is it ivise to give creditors power to imprison well- 
meaning debtors or to establish a claim on their future 
earnings f 

No; because this course would lead the debtor to 
despondency or tempt hiin to dishonesty. 

Does the obligation to pay debts cease when the debtor 
is discharged? 

No; if he afterwards acquires the means, he is 
bound in conscience to pay as much of his former ob- 
ligations as he can. 

Has the uniformity as to a national bankruptcy law 
recommended by the framers of the Constitution ever 
been adopted ? 

Yes, but only occasionally and for brief periods. 

When tvere these f 

From 1801 to 1803, from 1842 to 1843, and from 1866 
to 1879. 

In what condition, then, are the bankruptcy laws at 
present f 

Each State has its own bankruptcy laws. 

Has Congress any other powers over the financial 
affairs of the country ? 

Yes ; it has power to coin money and to regulate its 
value, as well as the value of the coined money of 
other countries that may be brought into this coun- 
try. 

What is the advantage of giving this power to Con- 
gress ? 

It greatly simplifies business relations between the 
States. 

What other power vested in Congress tends in the 
same direction ? 

The fixing of the standard of weights and mea- 
sures. 



iTBcm&M op the Constitution. 
/.>■ any pi taken the 

fesj I given power to provide for the 

punishment of those undertaki: counter! 

What is " 

A piece of metal, of a determined shap< . - 
and weight, stamped to represent a certain 

value. 

What 
StaU 

Gold, silver, nickel, and copper. 

An "II thesi of tin standard of legal U 

No; only gold and silver can be tendered in pay- 
ment of debt to the United Stal 

An ihi n anjf ■ 

Fes, bank-notes, including those issued by the 
United asury. 

Is it a tab tin set 

Yes, just the same as the making of spurious coins. 
By what > and bank-m 

known t 

By that of money. 

What m the m the pku hard money i* 

k it 
The Mint. 

TTibol ar« ffa words of (he Constitution regarding 
ghts and 
"The I ;dl have power to coin money, 

regulate the value thereof, and of for 
coin, and fix the standard of weights and 
measures: to provide for the punishment of 
counterfeiting the securities and current coin 
of the United States." 



70 Catechism of the Constitution. 

How is Congress enabled to facilitate communication 
between different parts of the country f 

By the power giveu to it in the Constitution to es- 
tablish post-offices and post-roads. 

What special advantage accrues from this regula- 
tion ? 

The more regular, speedy, and secure transmission 
of messages and of money. 

Besides this general security, tchat special protection 
is afforded to certain citizens t 

To authors and inventors is secured for a certain 
period the profits accruing from their writings and in- 
ventions. 

Why is this done ? 

To promote and encourage progress in the sciences 
and useful arts. 

What are these rights called ? 

Copyright and patent-right. 

How is copyright secured f 

By application to the Librarian of Congress. 

How is a patent-right secured f 

By application to the Patent Office in Wash- 
ington. 

Who may apply for these rights f 

Either the authors and inventors, or those who may 
have purchased their claims. 

For how long may copyright on a booh be secured ? 

For twenty-eight years. 

May this right be renewed ? 

Yes, for fourteen years longer. 

How long does a patent-right run f 

For fourteen years. 

May this right be reneived f 

No ; but any improvement may also be patented. 



Catechism of the Constitution. 



OHAPTEB XVIII. 

PIRACY, WARFARE, AND MILITARY REGULATIONS. 

Can Congress constitute courts of justice other than 
those provided for in the Constitution t 

Yes, it can constitute tribunals inferior to the Su- 
preme Court, and make regulations foT punishing 

piracies and felonies committed on the high seas, and 
offences against the law of nations. 

What is m act of piracy t 

A robbery committed on the high seas. 

What is the limit or boundary of the high seast 

Low-water mark. 

Why do not the States punish such crimes committed 
within their borders ! 

Because all navigable waters in the Stales belong 
to the United States. 

What is the punishment for piracy or felony < 
mitted at sea t 

The death penalty. 

Why is punishment for offences against the law of 
nations assigned to the United States Government? 

Because it, and not an individual State of the 
Union, is responsible to foreign governments. 

In what branch of our Government is vested the right 
of declaring war t 

In the legislative branch, or Congress. 

How does our Government differ in this respect from 
most other governments t 

In others, especially monarchies, such power be- 
longs to the Executive. 



72 Catechism of the Constitution. 

Why is our system to be preferred f 

Because with us it rests directly with the people to 
say whether they shall go to war or not. 

Is not this the case with monarchies ? 

No; the people living under monarchies are expect- 
ed to do what their rulers command. 

Why should the people have the chief voice in such a 
serious matter ? 

Because they have to bear the expenses. 

What right may be delegated to private citizens in 
time of war ? 

The right to capture the property of citizens of a 
hostile nation. 

What process is required in conferring this right f 

The issuing of " letters of marque and reprisal" 
to such citizens. 

By what name are persons receiving such commis- 
sions known ? 

By that of privateers. 

Are "letters of marque and reprisal" issued at other 
times than when this country may be engaged in war ? 

Occasionally ? if it should happen that a citizen is 
injured by another country and has no other means 
of redress. 

To ivhat extent can reprisal in such a case be made ? 

Only to the extent of the injury done. 

What other regulations may Congress make for times 
of ivar f 

Eules concerning captures on land and water. 

Has Congress no other powers in military matters on 
such occasions ? 

Yes, it can raise armies and provide for their support. 

For an indefinite period t 

No, only for a period of two years or less. 



Catechism of THE CONSTITUTION. 73 

Why is this restriction placed an Oongn 

So that no standing army may be maintained in 

time of peace unless -the people give their assent 

thereto. 

Is there a standing army now under the United 
States Government t 

Fes, but it is comparatively a very small one 

How is the law complied wit It t 

Congress appropriates at one time only enough 
money to support it for one year. 

How might the present arm)/ be disbanded t 

Simply by Congress failing to make the necessary 
appropriation. 

How docs the system under the Constitution differ 
from that under the Confederation and the Continental 
Congress t 

In the old way the Congress declared war, but it 
was the duty of the States to raise the armies. 

How did this system work t 

Very badly indeed: delays and disorders were oc- 
casioned by it that prolonged the War of Indepen- 
dence and almost led to the ultimate and utter defeat 
of the patriots. 

What is an army t 

A body of men organized to carry on warfare. 

And what is a nary t 

The portion of this body whose operations are 
conducted at sea. 

What nations need a navy ? 

Those that have a sea-coast and sea-ports to defend. 

Repeat the clauses of Section 8 that refer to warfare. 

"The Congress shall have power to declare war, 

grant letters of marque and reprisal, and 

make rules concerning captures on land and 



74 Catechism of the Constitution, 

water; to raise and support armies; but no 
appropriation of money to that use shall be 
for a longer term than two years ; to provide 
and maintain a navy ; to make rules for the 
government and regulation of the land and 
naval forces." 
What forces are at the disposal of Congress besides 
the army and navy referred to above ? 
The militia of the various States. 
How is this power defined? 

"The Congress shall have power to provide for 
calling forth the militia to execute the laws 
of the Union, suppress insurrections, and re- 
pel invasions." 
For what purposes, then, may Congress call out the 
militia ? 

To enforce laws of the United States, to suppress 
insurrections anywhere within the territory of the 
Union, and to ward off foreign invasions. 

Why is this power granted ? « 

Because it may in certain emergencies be necessary 
for the maintenance of the public peace. 
What evil does it prevent? 
The support and menace of a standing army. 
Is Congress limited in this potver ? 
No, neither as to time of service nor place of opera- 
tion. 

Does this power extend beyond the time when Con- 
gress is in session f 

Yes, Congress may direct the President to exercise 
the same power during a recess, should the exigency 
require it. 

What power over the militia is reserved to the 
States t 



Catechism of the Constitution. 75 

The appointment of the officers and the authority of 

training the militia. 

Is there any restriction ®s to this training 1 

Vcs, the discipline must b is is prescribed by 

Congress. 

What else is left for Congress to do in the matt* , t 

To provide not only for organizing, lair also for arm- 
ing and disciplining, the militia, and for governing 
such part of them as maybe employed in the service 
of the United States. 

Why is Congress given this pow< 

In order that uniformity may 1m* secured in such 
particulars as it is deemed necessary. 

And why (ire the States given the training of the 
mil it 

Because this ioree is organized mainly for the bene- 
fit of the respective 3ta1 



CHAPTEB XIX. 

TERRITORY BELONGING TO THE UNITED STATES. 

Over what territory or territories does Cong\ 
exercise exclusive control t 

Over the seat of the Federal Government, and over 
forts, magazines, arsenals, dockyards, and other 

such needed places. 

How did the Federal Government secure its present 
seat.' 

By cession to it of the territory by the State of 
Maryland. 



76 Catechism of the Constitution. 

What was this territory then called f 
The District of Columbia. 

And the city that it was necessary to build there f 
Washington, in honor of the first President. 
Was this its first seat f 

No, this territory was not given for some time 
after the meeting of the First Congress. 

Was it the first place suggested for such purpose f 
No; various other places were urged by members of 
Congress. 

Could the Congress accept any extent of territory for 
this purpose f 

No, such territory was not to exceed ten miles 
square. 

Was the State giving it to retain any authority over it f 
None whatever; it was to surrender all its rights 
and titles. 

What are the tvords of the clause of the Constitution 
making these regulations f 

u The Congress shall have power to exercise ex- 
clusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles 
square) as may, by cession of particular 
States, and the acceptance of Congress, be- 
come the seat of the Government of the 
United States." 
Who had owned the land on which the City of Wash- 
ington now stands f 

Daniel Carroll, of Duddington, Maryland's Catholic 
member of the Constitutional Convention. 

May the Congress force a State to sell to it lands for 
forts, dock-yards, etc. ? 

No; it can take such lands only with the consent of 
the State of which they have formed a part. 



Catechism of the Constitution. 77 

What authority has Congress over such lands duly 
acquired t 
The same that it has over the District of Colombia. 
Where do we find the words relating to this matter? 
In the latter part of Clause L6, following th< 
given above. 
Repeat them. 

The Congress shall have power "to exerc 
like authority over all places purchased, by 
the consent of the legislature of the State iii 
which the same shall he. lor the erection of 
forts, magazines, arsenals, dock-yards, and 
other needful buildings.' 1 



CHAPTEB XX. 

POWERS GRANTED AND DENIED TO CONGRESS— 
SLAVERY. 

How does the closing clause of this <i</hth section 

Article I. read t 

"The Congress shall have power to make all 

laws which shall he necessary and proper for 
carrying into execution the foregoing powers, 

and all other powers vested by this Constitu- 
tion in the Government of the United States. 
or in any department or officer thereof." 
What is the meaning of this clause? 
It is simply declaratory of the powers ot^ Cong] 
not only in reference to the provisions of this section. 
bnt also all other matters connected with the Govern- 
ment that require legislation. 



78 Catechism of the Constitution. 

Even in this respect does Congress under the Consti- 
tution resemble the Congress that preceded it? 

No, there is a wide difference between them ; the 
Continental Congress and that of the Confederation 
could exercise no powers but those mentioned by 
name and expressly granted by the Articles. 

Are any powers denied to Congress by the Constitution? 

Yes, Congress is restricted on several points. 

What seems to have been the purpose of this restric- 
tion ? 

To preserve the greater freedom and liberty to the 
citizen. 

Where do ive find these restrictions ? 

In the ninth section of Article I. 

To what does the first clause of this section refer ? 

To the importation of certain persons, who are 
interpreted to mean slaves. 

How was slavery to be checked ? 

By preventing the importation of any more slaves. 

Was this to be done at once ? 

No, not until the year 1808. Congress was in this 
respect restricted. 

Could not Congress interfere at all with the slave 
trade ? 

Yes, it might impose the payment of a tax for each 
slave imported before that date. 

Was it restricted in the amount of the tax to be 
imposed ? 

Yes ; to not more than ten dollars for each person. 

Have we any evidence, direct or indirect, that this 
clause refers to the slave trade ? 

Yes ; in the year 1807 Congress passed a law for- 
bidding the importation of slaves into any State of 
the Union after January 1, 1808, 



Catechism of the Constitution. 7 ( .) 

/</ what other part of the world was the importation 
of slaves prohibited in the same year t 
In the British colonics. 

Was such a restriction made in the British colon 
before the American Revolution t 

ITes, in several of them; but it was overruled by 
the crown. 

In what States did slavery exist at the time of the 
adoption of the Constitution t 

In Maryland, Delaware, Virginia, North Carolina, 
South Carolina, and Georgia. 

Sad it been extended to any other before the year 
1808 f 

Yes, to those formed out of territory that had 
belonged to these States. 
What were they t 

Kentucky, out of part of Virginia, and Tennessee, 
out of part of North Carolina. 

When was slavery entirely abolished in the United 
States t 
In 1863, during our Civil War. 
How was it dom t 

By a proclamation of President Lincoln, which was 
subsequently confirmed by an amendment to the Con- 
stitution. 

Repeat the clause bearing on the importation of 
slaves? 

u The migration or importation of such persons 
as any of the States now existing shall think 
proper to admit, shall not be prohibited by 
the Congress prior to the year one thousand 
eight hundred and eight, but a tax or duty 
may be imposed on such importation, not 
exceeding ten dollars for each person." 



80 Catechism of the Constitution. 

CHAPTER XXI. 

HABEAS CORPUS, JURY TRIAL, ATTAINDER, ETC. 

What is the second restriction on Congress f 

It cannot suspend the habeas corpus privilege, 
unless the public safety be actually in danger. 

What do the words "habeas corpus" mean literally? 

u That you have the body." 

What is their legal signification ? 

That any person taken into custody or imprison- 
ment has the right to demand that he be brought 
into open court for the purpose of having the cause 
of his arrest investigated. 

In ivhat part of the proceedings do tile ivords occur ? 

In the order of the judge to the official having the 
prisoner in custody. 

When may the habeas corpus privilege be suspended f 

When the public safety may require it on account 
of rebellion or foreign invasion. 

In whom is this poiver of suspension vested f 

In the Congress. 

Can the President legally exercise it f 

Not unless it is duly delegated to him by Congress. 

Has it ever been exercised by the President f 

Yes, during the Civil War, and without waiting for 
the authorization of Congress. 

Repeat the clause referring to the habeas corpus writ. 

u The privilege of the writ of habeas corpus 

shall not be suspended, unless when in cases 

of rebellion or invasion the public safety 

may require it." 



( '. I TE( II ISM OP Til - TFTUTION. 8 1 

What is the inalienable right b can 

Trial by jury. 

What form of proeedun in England, the dit 
\trary of this trial, vo is often resorted tot 
Condemnatioii by act or bill of attainder. 
What is an attaind< 

A condemnation, by legislative enactment <»r judi- 
cial discretion, without submitting the i a jury. 
What penalty did it bring? 

It attainted tin 1 blood of the culprit, entailing the 
loss of civil rights or <*srate. 
On *ted tt, f 

Treason or other capital offen< 
Is it known to our law f 
No; the Constitution forbids it. 
What other kindred legislation is alsoforbiddi 
The making <>t to laws. 

What is an 

A law applying to a deed perpetrated before tin- 
law was enacted. 

What is it tantamount t<> t 

Making that a crime which was not a crime when 
it was done. 
Can Congress do such a thing t 
So. it is strictly forbidden to do - 
Repeat the clause referring to the two prohibit* 
last nam 

•-So hill of attainder, or ex post facto law. 
shall be passed." 



82 Catechism of the Constitution. 



CHAPTEE XXII. 

TAXATION, COMMERCE, AND THE PUBLIC TREASURY. 

What is forbidden in regard to the levying of taxes f 
That "no capitation or other direct tax shall be 
laid, unless in proportion to the census or enumera- 
tion hereinbefore directed to be taken." 
What is the meaning of this clause f 
That if a tax be levied at all, it must be levied 
equally on all sections of the country, in proportion 
to the population. 
Are duties on exports permitted f 
No; it is laid down that "no tax or duty shall be 
laid on articles exported from any State." 

To what may these words refer besides goods sent 
out of the country ? 
To commerce between the States themselves. 
What would be its bearing in this case f 
The prevention of discrimination in trade against 
any State or States. 

Is this equality of the States more explicitly set forth 
in this part of the Constitution? 

Yes, in the words that follow those quoted above, 
which are : 

"No preference shall be given by any regula- 
tion of commerce or revenue to the ports of 
one State over those of another; nor shall 
vessels bound to or from one State be 
obliged to enter, clear, or pay duties in an- 
other." 



Catechism of the Constitution. 

What is the full meaning of these words? 

That there shall ever be entire freedom of com- 
merce between the States. 

Does any advantage accrue from not levying duties 
on exports ? 

Yes, our products which are not needed for con- 
sumption at home are thus given a better chance in 
foreign markets. 

How did Great Britain restrain the commerce of her 
colonies? 

By compelling vessels from the colonies to go by 
way of England to any part of the world, even t 
bound from one American colony to another. 

Can Congress thus direct commerce to any particular 
port or section t 

No; the Constitution prohibits it. 

Under what restriction is the Government placed in 
regard to public moneys ? 

No money can be drawn from the Treasury without 
the warranty of special legal enactment of Gong] 

How is this regulated? 

Congress must pass a law specifying the appropria- 
tions to be made. 

Must an account be kept of all moneys thus appropri- 
ated? 

" A regular statement and account of the receipts 
and expenditures of all public money v shall not only 
be kept, but also "be published from time to time." 

Is this a wise regulation t 

Yes, it makes both Congress and the Executive di- 
rectly responsible to the people for all moneys passing 
out of the Treasury. 



84 Catechism of the Constitution. 

CHAPTEE XXIII. 

TITLES OF NOBILITY AND HONORS. 

Are titles of nobility permitted under the United 
States Government? 

No; our Government is expressly forbidden to 
grant them. 
Is this a commendable provision f 
Yes, for it preserves the principle of equality 
among our citizens, no matter how pre-eminent may 
be the abilities or services of some of them. 

Are Americans restrained from accepting honors, 
presents, and titles from foreign potentates and 
powers f 

Only such persons as hold offices of profit or trust 
under the United States are so restrained. 
Can these not accept under any circumstances ? 
Yes, they can, by the special consent of Congress. 
What principle would seem to have prompted this 
regulation ? 

The fear that such officers might thus be amenable 
to foreign influence. 
How does this last clause of Section 9 read f 

"No title of nobility shall be granted by the 
United States, and no person holding any 
office of profit or trust under them shall, 
without the consent of the Congress, accept 
of any present, emolument, office, or title of 
any kind whatever, from any king, prince, or 
foreign stated 



Catechism of the CONSTITUTION. 85 

CHAPTER XXIV. 

POWERS DENIED TO THE STATES. 

Are any powers forbidden to the Stoics individually t 
Yes, all those reserved solely to the Federal Gov- 
ernment or that would conflict with its authority, as 
well as those powers that are denied, to Coagress. 
How ore they enumerated t 

As follows, in the first clause of Section 10 of 
Article I., which says: 

"Xo State shall cuter into any treaty, alliance. 
or confederation; grant letters of marque 
and reprisal;* coin money: emit hills of 
credit; make anything hut gold and silver 
coin a tender tor payment of debts; p 
any bill of attainder, ex post faeto law. or 
law impairing the obligation of contracts; or 
grant any title of nobility." 
Why is it not necessary to c<>nsi<l< r most of th 
restrictions here? 

Because they have been dealt with already in con- 
sidering the restrictions of the Federal or General 
Government 

Why are they laid down so plainly t 
In order to prevent any conflict of authority be- 
tween a State and the General Government. 

Why should a State of the Union not hare the power 
to grant letters of marque and reprisal f 

Because thus a small number of the body politic 
could at any time involve the whole country in 
war. 



86 Catechism of the Constitution. 

Why is the coining of money forbidden to the States? 

Because too great a variety of currency, both as to 
denomination and to value, might thus be introduced. 

What are bills of credit? 

Promises to pay money that are put in the form of a 
circulating medium. 

Did the States at any time thus make use of them ? 

Yes, during the Eevolutionary War and the time of 
the Confederation. 

By what name ivere they then Jcnown ? 

As Continental money. 

Was their success encouraging ? 

No ; it was so far from being so that it was no won- 
der a clause against them ^as introduced into the 
Constitution. 

Is a State, then, forbidden to borrow money on 
bonds ? 

No ; but in redeeming these bonds it must pay its 
obligations in gold and silver coin. 

To what does the other clause of this tenth section 
refer ? 

To powers which the States can exercise only under 
the sanction of Congress. 

Name one of these. 

A State can, for instance, with the consent of Con- 
gress, lay such imposts or duties as are absolutely 
necessary for executing its inspection laws. 

What power has Congress over such laivs ? 

That of revision. 

In case there is an excess of such imposts over what 
is needed by the State, what is done with it? 

It is turned into the Treasury of the United States. 

What is an inspection laiv ? 

An enactment requiring the careful examination 



Catechism of the Constitution. 87 

and approval of certain commodities before they are 
exported. 

Repeat that part oj 'the clause referring to inspection 
bars and impost*? 

"No State, shall, without the consent of the 
Congress, lay any imposts or duties on im- 
ports or exports, except what may be abso- 
lutely necessary for executing its inspection 
laws; and the net produce of all duties and 
imposts laid by any State on imports or ex- 
ports shall be for the use of the Treasury of 
the United States, and all such laws shall be 
subject to the revision and control of Con- 
gress." 
What is the next regulation laid down in this clam 
That no State shall, without the consent of Con- 
gress, lay any duty of tonnage. 

How might a /State endanger the public peace and 
safety t 
By keeping troops or ships of war in time of peace. 
Is she, then, forbidden to keep tins 
Yes, for the better preservation of the public peace. 
How else might the safety of the Union be endangered 
by the States t 

By allowing them to enter into any agreement or 
compact with another State, or with a foreign power, 
or engage in war. 

These things are forbidden to the States, thru t 
Yes, under ordinary circumstances. 
Why do you say u under ordinary circumstances " t 
Because it may become necessary for a State to 
engage in war on account of being actually invaded 
or in such imminent danger as will not admit of delay. 
Is this exception specified in the Constitution t 
It is so specified, clearly and very explicitly. 



88 Catechism of the Constitution, 



CHAPTER XXV. 

THE EXECUTIVE POWER. 

If Congress is the poiver that makes the law, what is 
the power that carries the law into execution ? 

The Executive Power. 

In whom does the Constitution vest the executive 
poiver f 

In a President. 

Where do ive find this provision in the Constitution ? 

In the first clause of the first section of Article II. 

Repeat the words. 

u The executive power shall be vested in a 
President of the United States of America." 

What other provision is made in the same clause f 

The length of the term for which the President 
shall hold his office. 

How long is this term f 

Four years. 

What other officer is elected at the same time, in the 
same manner, and for the same term ? 

The Vice-President. 

Repeat the words of Clause 1 bearing on these two 
officers. 

" He (the President) shall hold his office during 
the term of four years, and, together with the 
Vice-President, be elected," etc. 

Does the President actually perform all the duties of 
the executive branch of government himself? 

No ; most of these duties are performed by various 
corps of officials divided into separate departments, 
whose heads are directly responsible to him. 



Catechism of the Constitution. 

Why was this arrangement adapted t 

Because good policy demands that the government 
should be organized in the mode best calculated to 
attain with precision and fidelity the execution of the 
law. 

How many departments are thus organized under 
the executive branch of the government of the Un 
States f 

Eight, namely : the departments of State, of the 
Treasury, of Justice, of the Post-Office, of War, of 
the Navy, of the Interior, and of Agriculture. 

Were all these department* organized at the begin- 
ning of oar government ? 

No, only the five first named. 

When were the others added t 

That of the Navy in L798, that of the Interior in 
1849, and that of Agriculture as late as the year I 

How were they added t 

By Act of Congress. 

What are the ditties of the Department of the In- 
terior f 

It has a general authority of supervision and appeal 
over the subjects of patents, public lands and mines. 
Indian affairs, pensions, public buildings, the ac- 
counts of marshals, clerks, and public officers, as well 
as over other minor subjects. 

Why have Catholics often had occasion to find fault 
with the management of this department ? 

Because of gross injustice done to Catholic mission- 
aries among' the Indians, and to Indian tribes con- 
verted to Catholicity. 

What is the title of the head of each department t 

The Secretary of snch department, except in the 
cases of those of Justice and of the Post-Office. 



90 Catechism of the Constitution. 

How is the former styled t 

The Attorney-General of the United States. 

And the latter t 

As Postmaster-General. 

By what other title is the head of a department 
known t 

By that of a Cabinet officer. 

Why does he get this title f 

Because by his office he is a member of the Presi- 
dent's Cabinet, or board of advisers. 

Who takes precedence, or the first place, in the Cab- 
inet f 

The Secretary of State. 

What is his principal duty t 

To look after the relations of the United States 
with foreign countries. 

Sow are these Cabinet officers chosen f 

By the President himself, subject, however, to the 
approval of the Senate. 

Must he also ask the Senate's permission to get rid of 
them ? 

No ; he can dismiss them of his own accord. 



Catechism of the Constitution. 91 

CHAPTER XXVI. 

ELECTION OF THE PRESIDENT. 

How is the President himself chosi 

By delegates representing the various States. 

He is not, then, elected directly by the people t 

No, but by the States in their capacity as individ- 
ual commonwealths. 

By what name are the State delegates chosen to elect 
a President "known ? 

By that of electors. 

How are they chosen t 

By a plurality of the popular vote of each State. 

How many electors may each Stale choose t 

As many as it has Senators and Representatives in 
Congress. 

How many do these number at present f 

They number 401. 

How many electoral votes arc necessary to elect the 
I } resident f 

A majority of this number, or 201. 

May any citizen serve as an elector t 

^N"o ; certain citizens are disqualified from serving as 
electors. 

Who are they t 

Senators and Representatives in Congress, and all 
persons holding offices of trust or profit under the 
United States Government. 

Where are these regulations laid down f 

In Clause 2 of the first section of Article II. 

What are the words of this clause t 

"Each State shall appoint, in such manner as 



92 Catechism of the Constitution. 

the legislature thereof may direct, a number 
of electors equal to the whole number of 
Senators and Eepresentatives to which the 
State may be entitled in the Congress ; but 
no Senator or Bepresentative, or person 
holding an office of trust or profit under the 
United States, shall be appointed an elec- 
tor." 
Are all the details of the election of a President the 
same now that they were when the Constitution went 
first into effect f 

No; some important matters of detail have been 
materially changed. 
How were these changes authorized f 
By the adoption in due form of an amendment to 
the Constitution. 

Where were the original regulations laid down f 
In the third clause of Section 1 of Article II 
Is the whole of this clause now of no effect ? 
Yes ; it has been annulled or repealed. 
And by what measure are the new rules laid down ? 
By Article XII. of the Amendments to the Consti- 
tution. 

When was this amendment adopted f 
During the first session of the Eighth Congress. 
What is the first important change which this 
amendment has made f 

Originally in each State the electors had to vote for 
two candidates for President, and they did not vote at 
all expressly for a Vice-President. 
And what is the rule now f 

They have to cast two separate sets of ballots, 
which have to be kept distinct from each other : one 
for President and one for Vice-President. 



Catechism of the Constitution. 93 

And how, then, was the Vice-President chosen in the 
beginning t 

The candidate for President who had received the 
second highest number of votes was declared to have 
been elected Vice-President. 

Was any restriction laid down as to the two persons 
to be voted for t 

Yes; they could not be inhabitants of the same 
State. 

Have we in the new law an equivalent of this restric- 
tion ? 

We have; the candidates for President and V 
President mast belong to different Bta1 

How did the restriction read in the old law ? 

"The electors shall meet in their respective 

States and vote by ballot lor two j>< I > 
of whom at least sliall not be on inhabitant of 
the same st<ite with themselves." 
And in the new ! 

"The electors shall meet in their respective 
States and vote by ballot for President and 
Vice-President, one of whom at least " etc. 
What further rule and precaution is laid down in 
the new law f 

That the electors "shall name, in their ballots, the 
person voted for as President, and in distinct ballots 
the person voted for as Vice-President." 

And as to recording the ballots and the names of the 

candidates voted for j what was the original regulation t 

It Avas thus laid down: " They shall make a list oi 

all the persons voted for, and of the number of votes 

for each." 

And in the new f 

" They shall make distinct lists of all persons 



94 Catechism of the Constitution, 

voted for as President, and of all persons 
voted for as Vice-President, and of the num- 
ber of votes for each." 

What is then done with these lists f 

They are signed and certified to, and then carefully 
sealed and transmitted to the seat of government of 
the United States. 

Was the process different of old? 

No, except that only one list was made out. 

To whom is the sealed package directed f 

To the President of the Senate. 

Row many such packages does he receive f 

As many ais there are States of the Union. 

And what is the President of the Senate to do with 
them ? 

He, in the presence of the members of both the 
Senate and the House of Eepresentatives, opens all 
the certificates, and then and there the votes are 
counted. 

Sow is the result announced f 

The person receiving the highest number of votes 
cast for President, if that number be a majority of all 
the electors appointed, is declared to have been duly 
elected President. 

And if the highest number be not a majority of all 
the electors, then what is done ? 

The decision is referred to the House of Eepresen- 
tatives, which is required to act immediately. 

Sow does the Souse elect the President t 

Each State casts one ballot. 

Sow is it decided that the ballot shall be cast f 

By vote of the majority of the members of the 
House of Eepresentatives from that State. 

What is then necessary to a choice f 



Catechism of the Constitution. 95 

Delegates from at least two-thirds of the States 
must be present, and the successful candidate must 
receive a majority of votes of all the State 

Is the House restricted as to the candidates from 
among whom the President shall be chosen t 

Yes; it is limited to those voted for by the electors. 

May all these be voted for t 

No; not more than three of them. 

And how are these determined t 

They must be those having received the highest 
numbers respectively of electoral vote 

What strange anomaly might hare arisen in the old 
system of choosing the President f 

Two candidates might receive the same number of 
votes and both have a majority. 

What course was to be taken in that cat 

The election was to be referred to the House of Rep- 
resentatives, where one of the two was to be chosen. 

And if no candidate had a majority, then what tens 
done ? 

From the five highest on the list the said House 
was to choose the President, the votes being taken by 
States, as now. 

Before what date must the election hare been com- 
pleted t 

Before the 4th of March of every fourth year. 

Why then t 

Because the Presidential term begins on that day. 

How is it arranged that the process may be completed 
then f 

The dates are fixed on which the electors shall act 
in the separate States, before which the certificates 
shall reach the seat of government, and on which the 
votes shall be counted by the President of the Senate. 



96 Cat fa 1 n ism of the Constitution. 

CHAPTER XXVII. 

THE VICE-PRESIDENT. 

When the election is thrown into the Souse and the 
House fails to act before the 4tth of March, ivhat is to 
be done f 

The Vice-President will then assume the duties of 
President. 

In what other cases may the Vice-President act thus f 

In case of the death or other constitutional dis- 
ability of the President. 

How is the Vice-President elected f 

In the same manner as the President, except when 
a clear majority of the whole number of electors may 
fail to vote for the same man. 

And if no person have such a majority, how is the 
office filled ? 

Then from the two names on the list receiving the 
highest number of votes the Vice-President shall be 
chosen by the Senate. 

How many Senators must be present for this purpose? 

Two-thirds of the whole number. 

How many votes are necessary for a choice f 

A majority of the whole number. 

I)o they vote by States t 

Not necessarily, but practically they do, as all the 
States are equally represented in the Senate. 

How does this law differ from the old one ? 

In the old system, in every case, after the choice of 
the President the person having the greatest number 
of votes of the electors became the Vice-President. 

If two candidates had each received the next highest 
number of votes, ivhat was done f 



Catechism of the Constitution. 07 

Then the Senate chose the Vice-President from 
among them by ballot. 

What qualifications are required in the Vice-Presi- 
dent f 

The same as in the President, which will l>e dis- 
cussed later on. 

And why is this I 

Because in certain emergencies the Vice-President 
may be called upon to assume the duties of President. 

While the President remains in office, what is the 
principal duty of the Vice-President f 

To preside over the deliberations of the Senate. 

Can he vote in that body t 

Not unless there be an even division, or a tie vote, 
as it is popularly called. 

In whom is rested the power of determining the time 
for choosing the elector* ! 

In Congress. 

Has it any other power in regard to th< 

Yes; it is empowered also to name the day on which 
they shall give their votes. 

How is it limited in the appointment of these days? 

The day for the performance of each duty must be 
the same throughout the United States. 

What is the day popularly called on which the 
electors are chosen t 

That of the Presidential election. 

On what day is this election held t 

On the Tuesday next following the first Monday of 
November of every fourth yeaV. 

Has this always been the day t 

No. 

Hoic and when was this date decided on? 

By act of Congress of January 23, 1845. 



98 Catechism of the Constitution. 

CHAPTEE XXVIII. 

ELIGIBILITY TO THE PRESIDENCY. 

Who are eligible for the office of President ? 
All citizens born within the limits of the United 
States who have attained the age of thirty-five years. 
Did this restriction always prevail t 
No. 

Who besides were eligible formerly f 

All who had been citizens when the Constitution 

was adopted and who had been residents of the 

country fourteen years before coming up for election. 

Of what importance, then, is the doubt about the 

birthplace of Andrew Jackson ? 

None whatever ; it makes no difference whether he 
was born in South Carolina, or on the ocean, or in 
Carrickfergus, Ireland. 

What are the words of the clause of the Constitution 
bearing on this point ? 

u No person except a natural-born citizen, or 
a citizen of the United States at the time of 
the adoption of this Constitution, shall be 
eligible for the office of President ; neither 
shall any person be eligible to that office 
who shall not have attained to the age of 
thirty-five years, and been fourteen years a 
resident within the United States." 
When did the words italicized in the preceding 
sentence become inoperative f 

When all those were dead who had been citizens at 
the time of the adoption of the Constitution. 



Catechism of the Constitution. w 



Who of those residing abroad can still be elected to 
the Presidency? 

Such as are engaged in the public service of the 
United States. 

When may the Vice-President become the acting 
President of the United States t 

When the President is removed from office, or dies, 
or resigns, or "becomes unlit to discharge the powers 
and duties of his office. 

And what is done in case both the President and 
the Vice-President should be removed, die, resign, or 
become incapacitated t 

Congress may provide for such an emergency by 
enacting a succession law. declaring what officer shall 
then act as President. 

Has such an enactment ever been made? 

Yes; a Presidential succession net was passed as 
late as 1887. 

To whom is the succession given in this art f 

To the Secretary of State under the late President. 

How Jong may he act t 

Until the disability be removed or a new Presiden- 
tial election be held. 



100 Catechism of the Constitution. 

CHAPTEE XXIX. 

COMPENSATION AND PRIVILEGES OF THE PRESIDENT. 

What compensation may the President receive on 
account of his office f 

Such an annual sum as the Congress may deem 
fit. 

What salary does the President note receive t 

A yearly allowance of fifty thousand dollars. 

Was it always so much ? 

No ; it was only half of this sum before the begin- 
ning of General Grant's second term in office. 

What restriction is laid down as to the salary ? 

That it shall neither be increased nor diminished 
during any one Presidential term. 

Is this a wise provision ? 

Yes, for otherwise a President might abuse his per- 
sonal and official interest and influence to have it 
increased, or Congress might diminish it to annoy 
a President not in harmony with their views. 

In what other respect as to worldly gain is the Presi- 
dent restricted ? 

During his term of office he can receive no emolu- 
ment but his salary from either the United States or 
any of the States. 

Repeat the words of the clause in reference to the 
compensation of the President. 

u The President shall, at stated times, receive 
for his services a compensation which shall 
neither be increased nor diminished during 
the period for which he shall have been 
elected^ and he shall not receive within that 



Catechism of the Constitution. 101 

period any other emolument from the United 
States, or any of them." 

What must the President do before entering on the 
(J uiles or execution of his office t 

He must take an oath or affirmation. 

Are the words of this oath prescribed in the Consti- 
tution f 

They are. 

Repeat them. 

" I do solemnly swear (or affirm) that I will 
faithfully execute the office of President <>f 
the United States, and will, to the nest of 
my ability, preserve, protect, and defend the 
Constitution of the United Stat* 

What other office docs the President hold by virtue 
of his office as J 'resident f 

That of Commander-in-Chief of the Army and Navy 
of the United States and of the militia <>f the sev< 
States when called into the service of the United 
States. 

Who is commander of the State Militia at other 
times ? 

The Governor of each State. 

Why was the President entrusted with this 

To make the military force mure easily and effect- 
ively available for service in ease of danger. 

Does the President call these forces into action t 

No ; this is the duty of Congress ; he only assumes 
command of them in the field. 

What power has he over the executive departments t 

He may demand the opinion, in writing, of the 
principal officer in each of them, on subjects relating 
to the duties of the Cabinet officers. 

Has he any pardoning power t 



102 Catechism of the Constitution. 

Yes ; he lias power to grant reprieves and pardons 
for offences against the United States. 

For all such offences without exception f 

No ; cases of impeachment are excepted. 

Why t 

Because as such they entail only removal from 
office. 

What power has he to treat with foreign nations f 

That of making treaties with them. 

Absolutely f 

No ; only by and with the advice and consent of 
the Senate. 

What is the character of this consent t 

Two-thirds of the Senators taking part in the affair 
must concur. 

In what other important matter must the Senate simi- 
larly concur with him f 

In the matter of appointments to important offices. 

What officers may he thus nominate f 

Ambassadors and ministers to foreign courts, con- 
suls at various trading points, judges of the Supreme 
and other courts of the United States, and, in fact, 
all United States officials not otherwise provided for 
and which shall be established by law. 

Can Congress limit this power of the President f 

It may by law invest the appointment of inferior 
officers in the courts of law, or in the heads of depart- 
ments. 

And may Congress increase the President's power f 

Yes; it can also vest such appointments in him 
alone. 

Can the President malce appointments without the 
concurrence of the Senate f 

He can at certain times only. 



Catechism op the Constitution. lo.°> 

When may he do this ? 
During a recess of Congress. 

Ilo/r does he do SO ? 

By granting commissions. 

How long will these commissions hold good ? 

Only until the end of the next session of the Senate. 

Why is sv eh provision made t 

Because during a recess vacancies may occur by 
death or from other causes. 

Is the concurrence of the Senate necessary in eases of 
removed from office by the President f 

No. 

Is there a constitutional provision to this effect f 

No; it is simply an immemorial custom. 

What oilier direct relations may the President have 
tcith the Congress f 

He is required to give, from time to time, informa- 
tion of the state of the Union, and to recommend to 
the consideration of Congress such measures as he 
shall judge necessary and expedient. 

Has he any control over the time and length of the 
sessions of Congress f 

Yes; he may, on extraordinary occasions, convene 
both Houses, or either of them. 

By what name are such sessions called f 

By that of extra, or extraordinary, sessions. 

Why are they so called t 

To distinguish them from the regular session, which 
begins each year on the first Monday of December, 

Has he any other power over the sessions of Con- 
gress ? 

Yes ; in case of disagreement between the two 
Houses with respect to the time of adjournment he 
may adjourn them. 



104 Cateciitsm of the Constitution'. 

For how long a period may this adjournment last f 

Until such time as he shall think proper. 

Row does he stand with regard to envoys from for- 
eign countries ? 

It is his special province and duty to receive all 
ambassadors and other public ministers. 

What supervisory power is the President entrusted 
with as regards the laws in general ? 

He is instructed to take care that the laws be faith- 
fully carried into effect. 

+What is necessary for all officers of the United States 
before they can enter upon the duties of their respective 
offices ? 

They must be furnished with a commission from the 
President. 

Is this important f 

Yes ; they should be able to produce proper creden- 
tials. 

What is an impeachment ? 

An accusation and prosecution for treason or other 
high crimes or misdemeanors. 

May the President of the United States be impeached f 

He may. 

For what cause or causes ? 

For treason, bribery, or other high crimes. 

What is the penalty of conviction ? 

Eemoval from office and disqualification from hold- 
ing office thereafter. 

May others than the President be impeached f 

Yes; the Vice-President and, in fact, all civil officers 
of the United States. 



Catechism of tb stttutioit. 105 



CHAPTER XXX. 

THE JUDICIARY. 

What is the third department of the government of 
the Ignited Nates f 

The Judiciary or judicial department. 

What is its chief function t 

The administration of justice. 

Why is this branch of our political syst* m of the 
greatest interest to US t 

Because it interferes more visibly and uniformly 
than any other with the concerns of life. 

How does this hapjx n t 

By the fact that it deals directly with the rights of 
personal security and private property. 

Is it important, then, to hare none but upright Wken 
in the judiciary t 

Most important, because these rights rest entirely 
on the wisdom, the stability, and the integrity of the 
courts of justice. 

What is the first principle regarding them laid down 
in the Constitution f 

It declares that u the judicial power of the United 
States shall be vested in one Supreme Court, and in 
such inferior courts as the Congress may from time to 
time ordain and establish." 

Is Congress at liberty to establish such courts or 
not t 

So ; the Constitution is mandatory upon the legis- 
lature to establish courts of justice commensurate 
with the judicial power and needs of the Union. 



106 Catechism of the Constitution. 

How does the judicial power compare in point of 
authority with the other powers of the Government ? 

It is equal with theni, and this power is as exclu- 
sively vested in the proper courts as is the legislative 
power in Congress, or the executive power in the 
President. 

What courts does the Constitution order to be 
created ? 

A Supreme Court and whatever inferior courts may 
be deemed necessary. 

By what name are those called who are appointed to 
administer justice in these courts f 

They are called justices or judges. 

How long shall they hold their offices f 

As long as they behave themselves in a becoming 
manner. 

How are they constituted f 

They are nominated or appointed by the Presi- 
dent. 

Has he absolute control over their appointment ? 

No ; we have already seen that these appointments 
are made by and with the advice and consent of the 
Senate. 

By whom is the first step taken in these appoint- 
ments ? 

By the President, who submits names of candidates 
to the Senate. 

And what is the duty of the Senate in this case f 

Either to approve or reject the nominations. 

What is necessary for approval ? 

A majority vote. 

What courts has the Congress power to constitute at 
pleasure ? 

Such inferior to the Supreme Court as may be 



Catechism of the Constitution. 107 

deemed accessary for transacting the legal business 

of the United States. 

How many classes of these courts have so far been 
constituted t 

Two; namely, Circuit and District Courts. 

Which of these has the higher and wider juris- 
diction ? 

The Circuit Courts, which are the more closely 
connected with the Supreme Court. 

How many Circuit Courts are there? 

Nine, or one for each Supreme Court judge. 

And how many District Courts? 

Forty- two. 

J low long do the judges of these courts hold their 

Officf t 

During good behavior, the same as the judges of 
the Supreme Court. 

And how mag they he removed from offi* 
By impeachment for misconduct 

How are they remunerated for their services? 
They receive such salaries as the Congress may 
deem competent. 

What is laid down regarding this salary? 

That it shall not be diminished during their con- 
tinuance in office. 

Why is this considered a wise provision? 

Because through it the judges are secured from 
intimidation by Congress. 

Is the method of choosing the judges likewise based 
on wisdom t 

Yes; for the fewer and higher in authority are 
those to whom they owe their office, the more likely 
is it that their decisions will not be influenced by 
popular passion or prejudice. 



108 CATECHISM OF THE CONSTITUTION. 



Repeat the words of the Constitution bearing on the 
tenure of office and salary of United States court 
judges. 

" The judges, both of the Supreme and inferior 
courts, shall hold their offices during good 
behavior ; and shall, at stated times, receive 
for their services a compensation which shall 
not be diminished during their continuance 
in office." 



CHAPTER XXXI. 

JURISDICTION OF THE UNITED STATES COURTS. 

Sow far does the judicial power of the United States 
extend f 

To all cases in law and equity arising under the 
Constitution, the laws and treaties of the Union, and 
appertaining to all the services of the United States, 
as well as to cases arising between the Union and the 
separate States and between this country and foreign 
countries, between States of the Union, and between 
a State and the citizens of another State. * 

How far should the judicial power extend? 

It should be co-extensive with the power of legisla- 
tion in the same political system. 

Sow does it stand accordingly in our system ? 

It is the final expositor of the Constitution as to 
all questions of a judicial nature. 

Sow does the Constitution define the cases over which 
the judicial power has control? 



Catechism op the Constitution. 109 

It states them in classes so clearly that there can 
be do mistake about them. 

What cases belong to the first class f 

" All cases, in law and equity, arising under 

this Constitution, the laws of the United 

States, and treaties made, or which shall be 

made, under their authority." 

What cases belong to the second class of those brought 

before the United States courts t 

"All cases affecting ambassadors, other public 
ministers and consuls." 
Are these officers amenable to any other law than that 
of the State which they are serving f 
Yes ; to the law of nations. 
Why t 

Because they are engaged in international affairs. 
, Why are they not amenable to the laws of the country 
to which they are sent t 

Because they hold the place of the State sending 
them, which acknowledges no subjection to any other 
State. 

What cases are laid down in the next class as 
belonging to the United States courts t 

"All cases of admiralty and maritime juris- 
diction." 
Why are these cases brought before the courts of the 
United States? 

Because, as we have seen, the United States Gov- 
ernment has control over commerce in all the navi- 
gable waters of the country and over happenings on 
the high seas. 

What is the next class of cases t 

"Controversies to which the United States 
shall be a party." 



110 Catechism of the Constitution. 

Why is this provision made f 

Because, obviously, the United States should not 
be compelled to have recourse to the courts of any 
one of the States. 
Why not ? 

For the reason that a superior power should not 
have to appeal to an inferior power for settlement of 
a dispute. 

What cases are contained in the last class ? 

u Controversies between two or more States, 
between a State and citizens of another 
State, between citizens of different States, 
between citizens of the same State claiming 
lands under grants of different States, and 
between a State, or the citizens thereof, and 
foreign states, citizens, or subjects." 
What is peculiar about these cases ? 
The parties to them belong to different States, or 
claim under laws of different States. 

Sow many Mnds of controversies may arise accord- 
ing to this class ? 
Five. 

What are those of the first class ? 
Those between two or more States. 
Of the second t 

Between a State and citizens of another State. 
The third ? 

Between citizens of different States. 
The fourth? 

Between citizens of the same State claiming lands 
under grants of different States. 
The fifth? 

Between a State, or its citizens, and foreign states, 
citizens, or subjects. 



Catechism of the Constitution. Ill 



Why is it the better part of wisdom in such case to 
have recourse to the Federal courts t 

Because in the State courts too much partiality 
might be shown to litigants belonging to the same 
State as the court. 

What, then, would be the result if such cases u 
left to the State courts t 

Jealousies and animosities between the States 
themselves, and enmities of these States against 
foreign countries. 

What defect was found in this clause of the Constitu- 
tion as originally framed t 

It was discovered that any private citizen could 
bring in the Federal courts suit against a State, even 
against that of which lie himself was a citizen. 

Was it thought wise to limit this power of individual 
private citizens t 

Yes, and even necessary, lest in a very short time 
more cases would be referred to the Federal courts 
than they could dispose of in years. 

What other complaint was made against this prac- 
tice f 

That it was derogatory to the dignity of the sover- 
eignty of the State. 

What was then done by way of remedying the 
evil ? 

An amendment to the Constitution was proposed 
and adopted. 

When teas this done? 

At the second session of the Third Congress. 

What are the words of this amendment f 

u The judicial power of the United States shall 
not be construed to extend to any suit in law 
or equity commenced or prosecuted against 



112 Catechism of the Constitution. 

one of the United States by citizens of an- 
other State, or by citizens or subjects of 
any foreign state." 

How far does the inhibition apply f 

Only to citizens or subjects, and does not extend to 
suits by a State or by foreign states or powers. 



CHAPTEE XXXII. 

JURISDICTION AND ORGANIZATION OF THE SUPREME 

COURT. 

In what cases has the Supreme Court original juris- 
diction ? 

u In all cases affecting ambassadors, other pub- 
lic ministers and consuls, and those in which 
a State shall be a party." 

What other Tcind of jurisdiction is the Supreme Court 
said to have f 

Appellate jurisdiction. 

When may it exercise this ? 

In all other cases than those named above. 

Without any exception f 

No; with such exceptions and under such regula- 
tions as the Congress shall make. 

Can you state the distinction between original and 
appellate jurisdiction f 

The former refers to cases that have been before no 
other court, the latter to those brought up from an- 
other and lower court. 

By what power is the Supreme Court constituted ? 

By the Constitution, as we have seen already. 



Catechism of the Constitution. 113 

Did the Constitution also provide for the details of 
its organization t 

No; this it has received from Congress. 

Of whom does it consist t 

Of nine judges. 

Are they all equal in rank and title t 

No ; one of them is superior to the others. 

How is he distinguished t 

By being culled the Chief-Justice. 

JIow are the others styled t 

Associate Just.: 

When the Chief-Justiceship becomes vacant, is (me of 
the Associate Justices promoted to the vacant placet 

No, though the law does not forbid this being 
done. 

Why has such a promotion not been regarded with 
favor f 

Because it was thought that such promotion might 
lead to unseemly rivalries among the associate 
judges. 

How many Chief -Justices It a re sat on the Supreme 
bench t 

Eight; namely, John Jay, John Butledge, Oliver 
Ellsworth, John Marshall, Roger B. Taney, Salmon P. 
Chase, Morrison B. Waite, and Melville W. Fuller. 

Who are the two best known of the* 

John Marshall and Roger B. Taney. 

Besides being the ablest jurists, what else was remark- 
able about them f 

Their terms of office were the longest. 

Why should Catholics take especial pride in remem- 
bering Chief Justice Taney? 

Because he was the most eminent Catholic civilian 
of this country. 



114 Catechism of the Constitution. 

How many of the judges constitute a quorum ? 
Five. 

Did the Court always consist of nine judges ? 
No; originally there were but six, which number 
was increased to seven in 1807, to nine in 1837, to ten 
in 1863 ; decreased to nine in 1865, to eight in 1867, 
and again increased to nine in 1870. 

What is the salary of a Judge of the Supreme 
Court t 

Ten thousand dollars for each of the Associate Jus- 
tices, and ten thousand five hundred for the Chief- 
Justice. 
How many terms does the court hold annually f 
Only one. 

When is this term begun f 
On the first Monday in December. 
Soto long does it last f 
As long as the court itself may see fit. 
Where is it held f 

At the seat of Government, in Washington. 
State the jurisdiction of the Supreme Court tcith 
regard to the States. 

" The Supreme Court," says Kent, u has exclu- 
sive jurisdiction of all controversies of a civil 
nature, where a State is a party, except be- 
tween a State as defendant and its citizens; 
and except, also, between a State as defend- 
ant and citizens of other States, or aliens, in 
which case it has no jurisdiction ; but in all 
these cases where a State is plaintiff it has 
original, but not exclusive, jurisdiction." 



Catechism of the Constitution, 115 

CHAPTEK XXXIII. 

THE CIRCUIT AND DISTRICT COURTS. 

From what courts may appeals be made to the 
Supreme Court ? 

From the Circuit and District Courts and from the 
courts of the several States. 

In all cases ? 

No; only in civil actions and suits in equity. 

Why are the Circuit Courts so vailed t 

Because each has charge of one of the circuits into 
which the whole territory of the United States is 
divided. 

Have these circuits been always the same in number 
and territory f 

No; the limits and jurisdiction of these courts have 
been subject to occasional changes, and their number 
has varied, as has the number of justices of the Su- 
preme Court. 

With ivhat powers are they vested t 

They are vested with original cognizance, concur- 
rent with the courts of the several States, of all suits 
of a civil nature where the matter in dispute exceeds 
$500 and the United States is plaintiff, or an alien is 
a party, and the suit is between a citizen of the State 
where the suit is brought and a citizen of another 
State. 

Save they any jurisdiction in criminal matters ? 

They have exclusive cognizance of all crimes and 
offences cognizable under the authority of the Unit- 
ed States, exceeding the degree of ordinary misde- 
meanors. 



11G Catechism of the Constitution. 

And what of these crimes ? 

They belong to the jurisdiction of the District 
Courts as well as of the Circuit Courts. 

What rank do the District Courts hold in the judicial 
system of the United States f 

They are the lowest of the three grades. 

What are the limitations of trial as to districts ? 

No person can be arrested in one district for trial 
in another, and no civil suit can be brought against 
an inhabitant of the United States out of his district. 

Row is a close connection established betivcen the 
Circuit Courts and the Supreme Court ? 

One of the justices of the latter presides over the 
deliberations of theformer. 

What form of trial in these courts is laid down for 
crimes ? 

The trial by jury. 

In all cases t 

No ; cases of impeachment are excepted. 

By whom are these tried f 

By the United States Senate. 

What are the words of the Constitution in this 
regard ? 

u The trial of all crimes, except in cases of im- 
peachment, shall be by jury. 77 

Where is such trial to be held f 

In the State where the crimes to be punished have 
been committed. 

Repeat the exact words as to this provision. 

u Such trial shall be held in the State where 
the said crimes shall have been committed." 

What advantages flow from this provision ? 

The trial takes place where the facts are best 
known, the accused has less difficulty in procur- 



Catechism of the Constitution. 117 

ing testimony, and is likely to be put to less ex- 
pense. 
But suppose the crime he committed not within the 

jurisdiction of any State — as 7 for instance, at sea. 
where is the trial to be held? 
In such place as the Congress may direct. 
What are the words to this effect t 

"When (the crime is) not committed within 
any State, the trial shall be at such place, 
or places, as the Congress may by law have 
directed." 



CIIAPTEH XXXIV. 
TREASON AGAINST THE UNITED STATES. 

In what does the crime of treason against the United 
States consist? 

In levying war against them or in adhering to their 
enemies. 

What is the advantage of having tJie crime of trea 
thus clearly defined t 

To prevent, in times of great political excitement. 
other and less heinous offences from being exagj 
ated into treason and construed as such. 

How may a person be convicted of treason t 

Only on the testimony of two witnesses to the same 
overt act, or on confession in open court. 

What advantage is derived from having two wit- 
nesses f 

The accused has thus better protection against 
misrepresentation. 

Why is danger of false accusation feared here more 
than in other cases t 



118 Catecbism of the Constitution. 

Because in a time of great excitement persons may 
take advantage of public feeling to annoy an enemy 
or opponent. 

^Yhy will not any confession be taken as proof of 
treason ? 

Because it may sometimes be made in an unguarded 
moment and exaggerated by excitement or surround- 
ings. 

What is the advantage of requiring that it be made in 
open court f 
To insure that it be reported correctly. 
Repeat the definition of treason. 

u Treason against the United States sliall con- 
sist only in levying war against them, or in 
adhering to their enemies, giving them aid 
and comfort.' 7 
And those as to conviction for treason. 

u No person shall be convicted of treason, un- 
less on the testimony of two witnesses to the 
same overt act, or on confession in open 
court." 
Hoiv is the punishment for treason regulated ? 
By the Congress. 

In what respect is it limited in declaring punish- 
ment f 

To the effect that a conviction of treason cannot 
work corruption of blood, or forfeiture of possessions, 
except during the life of the culprit. 

Sow does our law in this respect differ from that of 
England ? 

In England not only was the traitor put to death 
in the most cruel and savage manner, but his blood 
was declared corrupted and all his goods were con- 
fiscated for ever. 



CaTBCHISM OF THE CoNSTlTUTIi 110 

W hat is meant by corruption of blood ? 
Loss of the power to transmit inheritance. 
How long may this disqualification hare effect in the 
United States t 

Only daring the life-time of the person attainted of 
treason. 

Repeat the clause bearing on the punishment for 
treason. 

u The Congress shall have power to declare the 
punishment of treason, bat no attainder of 
treason shall work corruption of blood, or 
forfeiture, except daring the lit"** of the per- 
son attainted." 



OHAPTBB XXXV. 

CONCURRENT POWERS OP THE STATES. 

Does the Constitution make the acts of one State bind- 
ing on another t 
It does, in public and legal matters. 
What (tre the words to this effect t 

" Full faith and credit shall be given in each 
State to the public acts, records, and judicial 
proceedings of every other State/ 1 
Wherein is vested the power of regulating details in 
this matter f 
In Congress. 

Can Congress prescribe anything else in reference 
thereto f 
Yes, the effect of tliese proceedings. 



120 Catechism of the Constitution. 

What are the ivords bearing thereon ? 
They are these : 

"And the Congress may, by general laws, 
prescribe the manner in which such acts, 
records, and proceedings shall be proved, and 
the effect thereof." 
What is the practical outcome of this regulation ? 
That a legal decision in one State is of binding 
force in another. 

Of ivhat benefit is this ? 

It is not necessary to repeat the same proceedings 
in every State in which the parties may have interests. 
In what respects do the States possess concurrent 
powers t 
In both legislative and judicial matters. 
May State courts take cognizance of cases arising 
under the Constitution of the United States ? 

They may, subject to revision by the United States 
Supreme Court, by means of its appellate jurisdiction. 
Are the rights of citizenship the same in all the States f 
The Constitution makes such a guarantee. 
Have all citizens the same privileges in all the States f 
No ; in some they have more, in some less. 
Can you mention any instances ? 
Yes, in that of the electoral franchise particularly, 
wherein there has been great variation, as we have 
seen. 

Does the spirit of the Constitution, then, seem to have 
been disregarded f 
Yes, as its words read. 
Repeat these words. 

u The citizens of each State shall be entitled to 
all privileges and immunities of citizens in 
the several States." 



Catechism of the Constitution. Ilm 

Cam one Mate protect criminal* fleeing from another 
State V 

No; all refugees from justice on account of crime 1 
must be given up to the authorities of the State in 
which the crime has been committed. 

What is the method of procedure in this cat 

The executive authority of the State in which the 
crime lias been committed issues a requisition on the 
executive authority of the State in which the criminal 
has taken refuge. 

What is then done f 

The criminal, if in custody, is delivered up to the 
State issuing the requisition. 

Repeat the claa.se bearing on the restoration of fugi- 
tive criminals. 

u A person charged in any State with treason, 
felony, or other crime, who shall flee from 
justice, and be found in another State, shall, 
on .demand of the executive authority of the 
State from which he fled, be delivered up. to 
be removed to the State having jurisdiction 
of the crime." 

What other class of persons were formerly to be 
delivered up t 

Fugitive slaves, who appear to have been the per- 
sons subject to the provisions of Clause 3 of the 
second section of Article IV. of the Constitution. 

Arc persons of this class to be returned now t 

No. 

Why ? 

Because there are no slaves. 

Who else might be considered as coming under this 
clause ? 

All persons held to service or labor for a specified 
time. 



122 Catechism of the Constitution. 

Who might they be ? 

Principally apprentices. 

Repeat the clause referring to runaways. 

u No person held to service or labor in one 
State under the laws thereof, escaping into 
another, shall, in consequence of any law or 
regulation therein, be discharged from such 
service or labor; but shall be delivered up 
on claim of the party to whom such service 
or labor may be due." 

What subsequent legislation has affected this clause ? 

The amendment to the Constitution abolishing 
slavery. 



CHAPTEE XXXVI. 

FORMATION OF NEW STATES AND GOVERNMENT OF 
TERRITORIES. 

What is the subject of the third section of Arti- 
cle IV. f 

The method of admitting new States into the Union 
and the government of Territories of the United 
States. 

Soio are new States admitted into the Union ? 

By act of Congress. 

Sow are new States formed f 

Out of the Territories of the United States. 

May a State already in the Union be subdivided into 
tivo or more States f 

Yes. 

May this be done by an act of Congress alone ? 

No. 



Catechism of the Constitution. 123 

What else is required f 

An act of the Legislature of the State to be divided. 

Has tins law been always strictly observed t 
No; it has once been disregarded. 
In what ease? 

In that of the separation of West Virginia from 
Virginia in 1862. 
Why was th 

Because Virginia was then in rebellion against the 
Onion. 
In what other way may new States be formed t 
By the union of two or more States or parts of 
States. 

Can this be done merely by act of Congress t 
Xo; acts of the legislatures of all the States con- 
cerned are likewise required. 

Hotc many new States hare been formed si nee the 
adoption of the Constitution t 
Twenty-five. 

May other new States be for mid t 
Yes; tour are now in process of formation, as we 
have seen. 
Have any two States been united into one? 
No. 

What are the words of the clause bearing on the 
formation of new Stati 

{ New States may he admitted by the Congress 
into this Union, but no new State shall be 
formed or erected within the jurisdiction of 
any other State, nor any State be formed by 
the junction of two or more States, or parts 
of States, without the consent of the legisla- 
tures of the States concerned, as well as of 
the Congress." 



124 Catechism of the Constitution. 

Can you name the States that ivere not of the original 
thirteen , and the dates of their admission into the 
Union f 

They are: Vermont, 1791; Kentucky, 1792; 
Tennessee, 1796 ; Ohio, 1802 ; Louisiana, 1812 ; Indi- 
ana, 1816; Mississippi, 1817; Illinois, 1818; Ala- 
bama, 1819 ; Maine, 1820 ; Missouri, 1821 ; Arkansas, 
1836 ; Michigan, 1837 ; Florida, 1845 ; Iowa, 1845 ; 
Texas, 1845; Wisconsin, 1848; California, 1850; 
Minnesota, 1858 ; Oregon, 1859 ; Kansas, 1860 ; West 
Virginia, 1862 ; Nevada, 1864 ; Nebraska, 1867 ; and 
Colorado, 1876. 

How soon may four others be admitted f 

As soon as their constitutions are approved by 
Congress, as has been stated before. 

Name some of those States that were formed out of 
parts of States already organized ? 

Vermont, out of New York ; Maine, out of Massa- 
chusetts, and West Virginia, out of Virginia. 

From what were most of the other new States 
formed f 

From the Northwest Territory, acquired with inde- 
pendence in 1783 ; from the Louisiana Territory, pur- 
chased in 1803 ; and from the vast territory acquired 
in consequence of the Mexican War. 

What is done ivith territory not belonging to any 
individual State, but to the United States f 

It is governed under the direction of the United 
States Congress. 

Is there any limitation to the power of Congress in 
this regard ? 

Yes ; it can do nothing prejudicial to the claims of 
the United States or of any particular State. 

Why was this restriction placed ? 



Catechism of the Constitution. 126 

Because at the time when the Constitution was 
adopted some titles to land in the Western Territory 
were in dispute. 
Repeat the clause referring to the Territories ? 

u The Congress shall have power to dispose of, 
and make all needful rules and regulations 
respecting, the territory or other prop< 
belonging to the United States; and nothing 
in this Constitution shall be so construe 
to prejudice any claims of the United States, 
or of any particular State." 
What are the Territories now belonging to the 
United Mates f 

They are, besides the District of Columbia, the 
various military and naval stations, and the former 
Territories now preparing for Statehood, the Terri- 
tories of Utah, Wyoming, Idaho, New Mexico, Ari- 
zona, and the Indian Territory. 

What former Territories arc now preparing for State- 
hood t 

Dakota (to form two States), Washington, and 
Montana. 

How are the Territories governed t 
By a governor appointed by the President and 
a legislature elected by the citizens in each Terri 
tory. 

Are they represented in Congress f 
Yes, by one member from each Territory. 
What is peculiar about the members of Congress 
from the Territories f 

They can take part in debates, but not in divisions 
or votes of the House of Eepresentatives. 

Is there any franchise limitation peculiar to the 
Territories f 



12G Catechism of the Constitution. 

Yes ; the citizens cannot vote in Presidential elec- 
tions. 

Is a State at liberty to choose a form of government 
for itself? 

No ; it is limited to the republican form. 

How is this done f 

By the provision in Section 4 of Article IV., that 
"the United States shall guarantee to every State in 
this Union a republican form of government. " 

What else is the United States obliged to do for each 
State f 

To protect it against invasion and domestic vio- 
lence. 

What is meant by domestic violence f 

Eiots and insurrections. 

In such cases how is the assistance of the United 
States to be obtained ? 

By petition from the Legislature of the State, or, if 
the Legislature cannot be called together, by petition 
of the State Executive. 

What are the words of the clause granting this pro- 
tection ? 

" The United States shall protect each of the 
States against invasion ; and on application 
of the legislature, or of the executive (when 
the legislature cannot be convened), against 
domestic violence." 



Catechism of the Constitution. 127 

CHAPTER XXXVII. 

HOW THE CONSTITUTION 3IAY BE AMENDED. 

What is the subject of the fifth Article of the Consti- 
tution f 

The power of amending this fundamental law of 
the Union. 

Why teas such a provision made t 

Because the fathers of our country knew that the 
Constitution was only an experiment, and foresaw 
that what would suit their times might not be exactly 
suitable to future generations. 

Did they make the power of amendment easy f 

No, they wisely hedged it around with serious 
difficulties. 

Why was this a wise coursi 

Because it kept the Constitution from being tam- 
pered with unless there was an almost universal 
demand for a change. 

Has it been very much changed t 

No ; nearly all the amendments are in the nature of 
additions or explanations. 

Have any changes been made t 

Yes, principally in two respects. 

What are these f 

The method of electing the President and Vice- 
President, and the abolition of slavery, and conse- 
quent change of the method of assessment and appor- 
tionment in the former slave States. 

What is requisite for the adoption of an amendment 
to the Constitution t 

The vote of two-thirds of both Houses of Congress, 



128 Catechism of the Constitution. 

or of the legislatures of two-thirds of the States, as 
the first step ; and, as the second and last step, ratifi- 
cation by the legislatures or special conventions of 
three-fourths of the States, as the Congress may 
direct. 

Who, then, in the first instance, may propose amend- 
ments to the Constitution ? 

The Congress, by a vote of two-thirds of both 
Houses. 

Sow besides may an amendment be proposed f 

By the votes of two-thirds of the legislatures of the 
several States. 

Repeat the words to this effect. 

u The Congress, whenever two-thirds of both 
Houses shall deem it necessary, shall propose 
amendments to this Constitution ; or on the 
application of the legislatures of two-thirds 
of the several States." 

What is the next step to be taken ? 

Congress shall then call a convention. 

What is this Convention called f 

A Constitutional Convention. 

What is its duty f 

To propose amendments. 

What is then done f 

The proposed amendments are submitted to the 
States. 

Hoiv do the States act on them ? 

Either through their legislatures or through special 
conventions called together for the purpose. 

When does a proposed amendment become a part of 
the Constitution ? 

When it is adopted by three-fourths of the States 
acting as stated above. 



VTECMI8M or the Constitution. 129 

What are the words of the Constitution on this sub- 
ject t 

u The Congress shall call a convention for pro- 
posing amendments, which shall be valid to 
all intents and purposes as part of this Con- 
stitution, when ratified by the legislatures of 
three-fourths of the several States, or by 
conventions in three-fourths thereof, as the 
one or the other mode of ratification may be 
proposed by the Congress." 
Were any restrictions placed on the matter of amend- 
ment f 

Yes, formerly two exemptions were made, but now 
there is only one 

What has become of the other f 
It disappeared with the lapse of time. 
What was that restriction t 

]So amendment affecting the first and fourth clauses 
of the ninth section of the first article could be pro- 
posed before the year 1808. 

What did these two clauses have reference to f 
The subject of slavery. 
And what has become of slavery f 
It has been amended out of existence in the United 
States. 
Repeat the words bearing on this protection to slavery. 
u No amendment which may be made prior to 
the year one thousand eight hundred and 
eight shall in any manner affect the first and 
fourth clauses in the ninth section of the 
first article/' 
What is the subject still excluded from amendment ? 
The representation of the States in the United 
States Senate. 



130 Catechism of the Constitution, 

Cannot this representation he changed at all f 

Not without the consent of the State. 

What are the ivords to this effect ? 

u No State, without its consent, shall be de- 
prived of its equal suffrage in the Senate." 

How many amendments to the Constitution have been 
adopted ? 

Fifteen. 

When were they adopted ? 

At various times between the years 1789 and 
1870. 

What amendments were adopted by the First Con- 
gress f 

The first ten. 

What is their character f 

They are in the nature of a supplementary bill of 
rights. 

When was the eleventh adopted f 

By the Third Congress. 

To what does it refer f 

To restriction of the judicial power, as we have al- 
ready seen in considering this subject. 

What was the occasion of the Twelfth Amendment f 

The cumbrous and inconvenient working of the 
original method of electing the President and Vice- 
President. 

And when was the original law changed t 

By the Eighth Congress, as we have seen already. 

What occasioned the other three amendments f 

The civil war and the abolition of slavery. 

Can changes in the form of government give release 
from obligations on account of the national debt ? 

No ; the nation always remains responsible for its 
debts. 



Catechism of the Constitution. 131 



Row is this matter regulated f 

By the law of nations. 

Was it necessary, then, to provide for it in the Con- 
stitution f 

Xo. 

Was such a provision made, nevertheless f 

Yes, in the first clause of Article VI. 

What does this clause say t 

"All debts contracted, and engagements en- 
tered into, before the adoption of this Consti- 
tution shall be as valid against the United 
States under this Constitution as under the 
Confederation." 



CHAPTER XXXVIII. 

CHARACTER, SCOPE, AND RATIFICATION OF THE 
CONSTITUTION. 

What is the character of the Constitute'' 

It is declared to be the supreme law of the land. 

Where is this declaration made? 

In the second clause of Article VI. 

What is there stated to be of equal power with itf 

The law made in conformity therewith. 

What else t 

All treaties made under the authority of the United 
States. 

Repeat the words bearing on this jwint. 

" This Constitution and the laws of the United 
States which shall be made in pursuance 
thereof; and all treaties made, or which 



132 Catechism of the Constitution. 

shall be made, under the authority of the 
United States, shall be the supreme law of 
the land." 
Under what obligation do State judges lie in this 
regard f 
They are bound thereby. 
Can a State oppose no bar to this power ? 
No ; here the State is powerless. 
What are the words f 

" And the judges in every State shall be bound 
thereby; anything in the constitution or 
laws of any State to the contrary notwith- 
standing." 
Is an oath of office required of those serving under the 
Constitution f 
Yes, of certain high officials. 

Besides the President and Vice-President, of ivhom we 
have spoken already, who are required to take this oath ? 
Senators and Bepresentatives in Congress, the 
members of the several State legislatures, and all 
executive and judicial officers, both of the United 
States and of the several States. 

What form of oath are they not obliged to take ? 
That requiring a religious test. 
Would it be unconstitutional to ask an official to take 
such an oath ? 
It would. 

Why was this a remarkable provision ? 
Because it was an innovation in English-speaking 
countries. 

Who were generally meant to be excluded by the 
religious test oaths ? 

Catholics, who had reason, therefore, to take pride 
in the Constitution of the United States. 



Catechism of the Constitution. 133 

Hare they held office under it t 

Yes, Catholics have held almost every office, except 
those of President and Vice-President, from the Chief 

Justiceship of the Supreme Court down. 
Repeat the words forbidding the religious test. 
"No religious test shall ever be required a 
qualification to any office or public trust un- 
der the United States." 
When teas the Constitution to go into effect? 
As soon as it was ratified by nine States. 
When did this happen t 
Early in September, 1788. 
Which was the ninth State? 
New Hampshire. 

Was it binding on those that did not ratify? 
No, only on those that had ratified. 
What two important commonwealths soon followed 
Neio Hampshire? 

New York and Virginia, making eleven within the 
year. 

What two were yet left t 

Rhode Island and North Carolina, which did not 
ratify until after the First Congress had met. 

Repeat the seventh Article, regulating the ratification 
of the Constitution. 

"The ratification of the conventions of nine 
States shall be sufficient for the establish- 
ment of this Constitution between the States 
so ratifying the same." 
When was this ratification acted upon by Congress f 
On September 13, 1788, when eleven States, as 
we have seen, had given their assent. 
What were these States t 
New Hampshire, Massachusetts, Connecticut, New 



134 Catechism of the Constitution. 

York, New Jersey, Pennsylvania, Delaware, Virginia, 
Maryland, South Carolina, and Georgia. 

Had official notice been received from all these eleven 
States on September IS ? 

No; Delaware and Maryland had not yet been 
heard from. 

In consequence of this ratification, what steps were 
taken by Congress f 

They first ordered that the States that had adopted 
the Constitution should name Presidential electors on 
the first Wednesday of the following January. 

And what next ? 

That on the first Wednesday of February following 
the electors should assemble in their several States 
and vote for a President. 

And who was chosen President on this occasion t 

George Washington, by a unanimous vote. 

And when were proceedings to begin under the new 
Congress $ 

On the first Wednesday of March, 1789. 

When was General Washington inducted into the 
office of the Presidency? 

On April 30, 1789. 

And where did this event take place t 

In the city of New York. 

Sow soon were amendments to the Constitution pro- 
posed f 

In the very first session of the First Congress; 
namely, in 1789. 

Where was this session held, and when was it com- 
menced f 

In New York, on March 4, 1789. 



Catechism o* the CONSTITUTION. 136 



CHAPTER XXXIX. 

RELIGIOUS LIBERTY. 

What amendments were adopted by the First Con- 
gress t 

The first ten of all that have been enacted SO iar. 

What was their character ? 

They were in the nature of additions, and were 
simply a new declaration of rights. 

With what subject does the first of these amendments 

deal? 
With restrictions on the power of Congress. 
What are the subjects of these restrictions ? 
Religious liberty, freedom of speech, and the right 
of assembly and petition for redress of grievances. 
Repeat the tvords of the First Amendment 

"Congress shall make no law respecting an 
establishment of religion, or prohibiting the 
free exercise thereof; or abridging the free- 
dom of speech or of the press; or the right 
of the people peaceably to assemble and 
to petition the Government for a redress of 
grievances." 
What is peculiar about the " religious liberty" part 

of this article ? 

That it had its origin in religious intolerance. 

How was this ? 

It was proposed on behalf of New Hampshire, 
which did not want its religious condition at that 
time to be interfered with. 

How does this State stand in religious matters? 

As the most intolerant in the Union. 



136 Catechism of the Constitution. 



How do you show this f 

By the fact that down to our own time it has 
refused to allow Catholics to hold office on account of 
their religion. 

And ivhat has been the result of the amendment as 
regards Catholics ? 

They have been benefited by it throughout the en- 
tire country, and even the State most intolerant of 
them cannot much longer refuse them full liberty. 

What other instance in the history of our country has 
shown an anti- Catholic movement to result for the bene- 
fit of Catholics f 

The Revolution itself, which was stimulated by 
anger on account of the Quebec Act. 

What are the restrictions on Congress in regard to 
religion ? 

First, that it shall make no law establishing any 
denomination as the religion of the State; and 
second, that it shall not by law prohibit the free exer- 
cise of any form of Christianity. 

Why do you say " Christianity v f 

Because it has been decided by the Supreme Court 
that Christianity is a fundamental part of our Con- 
stitution. 



Catechism of the Constitution. 137 



CHAPTEE XL. 

FREEDOM OF THE PRESS AND OF THE PERSON. 

What is the position of the press under our Constitu- 
tion? 

It is absolutely free to discuss all public questions. 

And what public and political rights hare the people f 

All that are consistent with the public p< 

What may the people do towards redressing their 
wrongs f 

They may assemble peaceably and present petitions 
to the Government demanding a redress of griev- 
ances. 

To ivhat does the Second Amendment \ 

To the right of the people to keep and hear anus. 

Why is this right not infringed t 

Because a well-regulated militia is necessary to the 
security of a free State. 

What are the words of this amendment t 

"A well-regulated militia being necessary to 
the security of a free state, the right of the 
people to keep and bear arms shall not be 
infringed.'' 

What is the subject of the Third Amendment t 

The quartering of soldiers, both in time of peace 
and in time of war. 

Why was this provision thought oft 

Because of the custom that had prevailed every- 
where of billeting soldiers on private citizens and 
thereby causing great annoyance. 



138 Catechism of the Constitution. 

Repeat the words of this article. 

"No soldier shall, in time of peace, be quar- 
tered in any liouse without the consent of 
the owner ; nor in time of war but in a man- 
ner to be prescribed by law." 
What protection is guaranteed to the citizens by the 
Fourth Amendment ? 

The right to be secure in their persons, homes, and 
property without due warranty of law. 
Sow far does this right extend t 
To the protection of the citizen against arrest or 
annoyance unless sufficient cause can be shown for 
troubling him. 

And even when this is produced, what protection has 
he? 

That of the habeas corpus act, by which his case 
can be investigated at once. 

Repeat the Fourth Article of the amendments. 

u rpj ie r ight of the people to be secure in their 
persons, houses, papers, and effects against 
unreasonable searches and seizures shall not 
be violated ; and no warrant shall issue but 
upon probable cause, supported by oath or 
affirmation, and particularly describing the 
place to be searched and the persons or 
things to be seized." 



UISM OP TIfi: (JoH&TlTTJTtON, 139 



OHAPTEB XLJ. 

PRIVILEGES OF ACCUSED PERSONS. 

What is the subji ct of U >le t 

The proceedings against persona charged with 

crimes, and the rights of such persons. 

What is // 'i to the holding of a person on a 

charge of having committed am < 

Generally an indictment by a grand jury. 

Why do yon say •• yeneraUy" f 
Because a special rule applies to cases arising in 
the army or the militia when in actual service. 
What are the word* fo 

"No person shall be held to answer for a 
capita] or otherwise infamous crime, unless 
a presentment or indictment of a grand jury." 
How are the M i to this rub 

•• Except in cases arising in the land or naval 
forces, or in the militia, when in actual 
service, in time of war or public dang 
How are (hi I //' ; ' d t 

By court-martial. 
If a person is once acquitted of a she 

u & again for (he stone t 
No. 

Why is this f 

Because of a provision in the Fifth Amendment 
forbidding it. 

What is this provisu 

•• Nor shall any person be subject for the same 
offence to be twice put in jeopardy of life or 
limb." 



140 Catechism of the Constitution. 

But can a person once convicted be tried again for the 
same offence f 

Yes ; in nearly all cases a new trial can be had for 
reasonable cause. 

May a person be a witness against himself? 

Not without his or her consent. 

How is this provided for f 

Nor shall any person, it is said in the Fifth Amend- 
ment, " bs compelled, in any criminal case, to be 
a witness against himself." 

What further guarantees are, then, secured to the 
citizen f 

He shall not " be deprived of life, liberty, or prop- 
erty without due process of law." 

How is the right of private property guaranteed f 

Full compensation must be made for all of it taken 
for public use. 

Repeat the tvords to this effect. 

u Nor shall private property be taken for pub- 
lic use without just compensation." 

Are any other rights guaranteed f 

Yes, several. 

Name one of them. 

That of an accused person to a speedy and public 
trial. 

How shall this trial be conducted ? 

By an impartial jury. 

From among whom must the members of this jury be 
taken ? 

From among the inhabitants of the district in 
which the crime has been committed. 

How is this district determined ? 

It must have been previously ascertained by law. 



Catechism op tin-: Constitution. ill 



What arc the words making these regulations t 
Those of the first part of the Sixth Amendment, 

namely : 

"In all criminal prosecutions the accused shall 
enjoy the right to a speedy and public trial, 
by an impartial jury of the State and district 
wherein the crime shall have been com- 
mitted, which district shall have been pre- 
viously ascertained by law." 
What is the next right guaranteed to the accused t 
That he "be informed of the nature and cause of 
the accusation." 

Has he any rights as to witnessi 
Yes; both as to those for and those against him. 
What right has he witJi regard to witnesses agoinst 
him? 
He can demand to be confronted with them. 
And as to those in his favor t 

He may call for compulsory process for obtaining 
such. 

Repeat the words in reference to witnesi 

" The accused shall enjoy the right to be con- 
fronted with the witnesses against him ; to 
have compulsory process for obtaining wit- 
nesses in his favor." 
What other right has the accused f 

"To have the assistance of counsel for his 
defence. 1 ' 
Does the right of trial by jury apply to civil as well 
as to criminal cases t 

Yes, unless where the value iu controversy is less 
than twenty dollars. 

Where is this provision laid downf 
In the. Seventh Amendment. 



14^ Catechism of the Constitution. 

What are the words here as to the right of trial by 
jury ? 

" In suits at common law, where the value iu 
controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved." 
How is a jury trial to be conducted f 
According to the rules of the Common Law. 
How is this regulated ? 

By the concluding words of Article VII. of the 
amendments. 
What are they ? 

" And no fact tried by a jury shall be otherwise 
re-examined in any court of the United 
States than according to the rules of the 
common law." 
What is the subject of the Eighth Article f 
Bail, fines, and punishments. 
What is said of them f 
That they must not be excessive. 
Repeat the words. 

u Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel and unusual 
punishments inflicted." 
Does the Constitution contain a complete enumeration 
of rights f 
No ; this would be practically impossible. 
And what of those not enumerated ? 
They are not disparaged by this enumeration. 
Are they retained by the people f 
Such of them are as originally belonged to the 
people. 

Where is this provision made as to this construction 
of the Constitution f 
In the Ninth Amendment. 



Catechism of the Constitution. 14:; 



What does it say ? 

u The enumeration in the Constitution of cer- 
tain rights shall not be construed to deny 
or disparage others retained by the people." 
What is the subject of the Tenth amendment f 
Powers reserved to the States. 
What is there said of these powers ? 

"The powers not delegated to the United 
States by the Constitution, nor prohibited by 
it to the States, are reserved to the States 
respectively, or to the people." 
When were the next two amendments adopted f 
The Eleventh at the second session of the Third 
Congress, and the Twelfth at the first session of the 
Eighth Congress. 

Of what subjects respectively do they treat f 
The former of the restriction of judicial powers, and 
the latter of the mode of electing the President and 
Vice-President of tli e United States. 

Why is it not necessary to dwell upon these two 
amendments here f 

Because they have been discussed already in treat- 
ing of the Judiciary and the Presidency. 



144 Catechism of the Constitution. 

CHAPTEE XLIL 

THE ABOLITION OF SLAVERY. 

How much time elapsed before another amendment to 
the Constitution was adopted f 

Over sixty years. 

What occasioned the adoption of the Thirteenth 
Amendment f 

The changed condition of the negro race in the 
United States that resulted from our civil war. 

What is the subject of this amendment t 

The abolition of slavery in the United States. 

Sow and when was slavery abolished here f 

By proclamation of President Lincoln in 1863. 

What j then, was the necessity for the amendment f 

To give full legal sanction to the President's act. 

Was this result one in which Catholics should rejoice? 

Yes, because the Church has ever striven in the 
same direction, either doing away with slavery alto- 
gether where she could, or trying to mitigate its se- 
verities where she could not abolish it. 

Sas all involuntary servitude been totally abolished 
in our country ? 

No ; it still remains for the punishment of con- 
victed criminals. 

Repeat the Thirteenth Amendment. 

u Neither slavery nor involuntary servitude, 
except as a punishment for crime, whereof 
the party shall have been duly convicted, 
shall exist within the United States or any 
place subject to their jurisdiction." 



Catechism of the Constitution. 145 

When was this amendment adopted t 
In 1805. 

Bid it confer the rights of citizenship and suffrage on 
the negroes ivho had been stares t 

lSo' 7 two further amendments had to be proposed 
for this purpose. 
Were such adopted f 

Yes; one in 1868 and the other in 1870 ; and they 
are known as the Fourteenth and Fifteenth Amend- 
ments, the former treating of the right of citizenship, 
and the latter of the right of suffrage. 

What declaration is made as to the right of eiti: 
ship f 

u All persons born or naturalized in the United 

States, and subject to the jurisdiction thereof, 

are citizens of the United States and of the 

State wherein they reside." 

May a State infringe upon the rights of citizenship t 

No; for it is declared in the same first section of 

the Fourteenth Amendment that 

" No State shall make or enforce any law 
which shall abridge the privileges or immu- 
nities of citizens of the United States." 
Are all the rights of legal procedure likewise guaran- 
teed to all citizens ? 
Yes ; for it is said : 

u Nor shall any State deprive any person of 
life, liberty, or property without due process 
of law, nor deny to any person within its 
jurisdiction the equal protection of the laws." 
Besides its bearing on the freed negroes, what is im- 
portant about the second section of the Fourteenth 
Amendment f 

It modifies the third clause of the second section of 
Article I. of the Constitution. 



146 Catechism of the Constitution. 

In what respect f 

In respect to the mode of enumerating the popu- 
lation for the purpose of the representation of the 
State in Congress. 

What was the old way t 

In the slave States there was representation only 
for three-fifths of the number of slaves. 
And what change was made ? 
It was ordered that 

" Representatives shall be apportioned among 
the several States according to their respect- 
ive numbers, counting the whole number of 
persons in each State, excluding Indians not 
taxed." 
Besides these Indians, were any others deducted front 
the population for purposes of representation ? * 

Yes ; when any male inhabitants of such State, of 
twenty-one years or over, who were citizens of the 
United States, were deprived of the franchise, except 
for participation in rebellion or crime, then the State 
was deprived of representation in the proportion 
which such disfranchised citizens have to the entire 
population of the State. 

What was the meaning of this restriction f 
Abridging the representation in Congress of those 
States that might refuse the electoral franchise to the 
freed negroes. 
Soto long did this restriction remain hi force f 
Until the adoption of the Fifteenth Amendment, 
extending to all such persons the right of suffrage. 
Repeat this restrictive provision. 

u But when the right to vote at any election 
for the choice of electors for President and 
Vice-President of the United States, repre- 



Catbcbism of tbr Constitution* 147 

sentatives in Congress, the executive and 

judicial officers of a State, or the members of 
the legislature thereof, is denied to any of 
the male inhabitants of such State, being 
twenty-one years of age and citizens of the 
United States, or in any way abridged, ex- 
cept for participation in rebellion or other 
crime, the basis of representation therein 
shall be reduced in the proportion which 
such male citizens shall bear to the whole 
number of male citizens twenty-one years of 
age in such State." 

To what does the third section of the Fourteenth 
Amendment refer f 

To the excluding of certain persons from holding 
office under the United States. 

Who are so excluded t 

All former office-holders who, having taken the 
oath of office under the United states, have engaged 
in rebellion against the Union. 

Are they for ever and irretrievably debarred from 
such office-holding f 

No ; Congress may remove the disability. 

Hotc ? 

By a two-thirds vote of each House. 

Repeat this section. 

" No person shall be a Senator or Representa- 
tive in Congress, or elector of President and 
Vice-President, or hold any office, civil or 
military, under the United States or under 
any State, who, having previously taken an 
oath as a member of Congress, or as an 
officer of the United States, or as a member 
of any State Legislature, or as an executive 



148 Catechism of the Constitution. 

or judicial officer of any State, to support the 
Constitution of the United States, shall have 
engaged in insurrection or rebellion against 
the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a 
vote of two-thirds of each House, remove 
such disability." 
What other provision is made by this amendment t 
The establishing of the validity of debts incurred 
by the Federal Government in suppressing rebellion 
and the repudiation of all debts and claims contracted 
or made by those who may have lost by taking part 
in rebellion. 

What are the words of the section making this pro- 
vision f 

" The validity of the public debt of the United 
States, authorized by law, including debts 
incurred for payment of pensions and boun- 
ties for services in suppressing insurrection 
and rebellion, shall not be questioned. But 
neither the United States nor any State shall 
assume or pay any debt or obligation in- 
curred in aid of insurrection or rebellion 
against the United States, or any claim for 
the loss or emancipation of any slave, but 
all such debts, obligations, and claims shall 
be held illegal and void." 
By what provision was the right of suffrage extended 
to those who had formerly been slaves ? 
By the Fifteenth Amendment. 
How does it read t 
Thus: 

" The right of citizens of the United States to 
vote shall not be denied or abridged by the 



Catechism of the Constitution. 140 

United States, or by any State, on account 
of race, color, or previous condition of servi- 
tude." 
What is peculiar about the last three amendment* t 
Each has what is called an enacting elan 
What is its purport t 
, That Congress shall have power to enforce each 
article by appropriate legislation. 



CHAPTKIi XLIII. 
STATE GOVERNMENT. 

Is the Constitution of the United States purely and 
simply an original instrument t 

No; it was derived in large part from the State 
constitutions. 

And what was the origin of these latter t 

The royal grants, patents, and charters by virtue of 
which the British colonies in America were estab- 
lished. 

Did the States, in forming the Federal Constitution, 
surrender all functions of government to the central 
authority t 

No; on the contrary, whatever powers are not 
therein mentioned were retained by the State-. 

How far do these powers extend t 

To the administration of all public affairs within 
the limits of the State, in such a way as does not 
conflict with the United States Constitution, and even 
to punishment for treason against the State. 



150 Catechism of the Constitution. 

How is this administration carried on ? 

By a triple system of government like that of the 
United States, having legislative, judiciary, and ex- 
ecutive departments. 

Does the central government retain any control of the 
State governments ? 

Only as to the form of these governments and the 
protection of citizens of the United States provided 
for by the Fourteenth and Fifteenth Amendments to 
the Constitution. 

What must the form of the State government be ? 

The republican form. 

Row are new States added to the Union ? 

By the division of States already organized or out 
of communities occupying territory belonging to the 
United States. 

When may such a territory be changed into a State ? 

When it has a population capable of self-govern- 
ment equal to at least that of a Congressional district 
according to the preceding United States census. 

What is the first step towards Statehood f 

The passing by Congress of an u enabling act." 

What is authorized by this act t 

The holding of a convention of delegates elected by 
the male citizens of the Territory for the purpose of 
drafting and adopting a State constitution. 

Does this constitution become operative as soon as it 
is adopted ? 

No; it must be submitted to the United States 
Congress for approval. 

What is the next step ? 

If the proposed constitution is approved by Con- 
gress, a new State is declared added to the Union, 
and on the next ensuing fourth day of July another 
star appears on the United States flag. 



Catechism of the Constitution. 151 

What was the last State thus admitted f 

Colorado, in 1876. 

Are any others now preparing for admission f 

Yes, four; namely, North Dakota, South Dakota. 
Montana, and Washington, in whose favor the Enab- 
ling Act was signed by President Cleveland on Feb- 
ruary 22, 1889. 

What j then, is a State constitution t 

It is " a comprehensive fundamental law, or, rather, 
group of laws included in one instrument, which lias 
been directly enacted by the people of the State." 

Must this law remain permanently unchanged ? 

No ; it may be repealed or altered. 

By whom ? 

By the people of the State themselves, and not 
merely by their representative 

Who are the chief instruments of a State organiza- 
tion ? 

A Governor and certain other officials elected for a 
short term of years, a legislature of two branches 
similarly elected, and a judiciary chosen for a long 
term of years. 

What are the functions of a Governor t 

For his State they are similar to those of the Presi- 
dent for the United States. 

And of the other State officers ! 

Duties corresponding to those of the President's 
Cabinet. 

Is there a State officer corresponding to the Vice-Pres- 
ident of the United States t 

Yes ; the Lieutenant-Governor. 

What are his duties f 

To take the Governor's place during the absence or 
inability of the latter, and to preside over the delib- 
erations of the State Senate. 



152 Catechism of the Oonstitutiox. 

Are the Governor and other State officers chosen for 
the same length of time in all the States f 

No ; in some States tliey are elected only for one 
year, in some for two, in some for three, and in some 
for four years. 

Are they always eligible for re-election f 

No ; or at least not for consecutive terms, as in 
Pennsylvania, for instance. 

Sow are they chosen f 

By the direct vote of the people generally, but not 
always. 

When does the exception arise f 

When a candidate fails to receive a clear majority 
of all the votes cast, as is the law in some of the New 
England States. 

In such case how is choice made f 

By the State Legislature, both branches voting 
together. 

May the Governor be punished for improperly admin- 
istering his office f 

Yes ; he may be impeached by the lower branch of 
the Legislature and tried by the State Senate. 

Were State Legislatures alivays composed of two 
branches f 

No ; originally some States, like Pennsylvania and 
Georgia, had only one legislative chamber. 

Why ic as a change made in these cases f 

Because it was found necessary to place a check on 
an assembly too apt to be controlled by popular pas- 
sion. 

What is the difference between the two branches of 
the Legislature ? 

The Senate has a much smaller membership than 
the lower branch. 



Catechism of the CoirsTirunoir. 153 

How does this happen t 

By it Senator representing a far larger constituency 

than docs a member of the Assembly, or House of 
Representatives, or House of Delegates, etc, as 

the lower branch is variously called in different 
States. 

Is there any difference in the mode of election f 

No ; they are both chosen by popular vote. 

What is their function t 

To enact laws bearing on State matters, just as 
Congress docs for the United States. 

Are their enactments subject to any control t 

Yes; the Governor lias the veto power as has the 
President, and in the same manner must be over- 
ruled by a two-thirds vote of both Houses before the 
bill can become a law. 

Are the Senators and Representatives elected for the 
same length of term t 

No; the term of the former is usually twice as long 
as that of the latter. 

What of the State judiciary t 

It is constituted in a graded manner, like that of 
the Federal system. 

Are the various grades known by the same name in 
the different States f 

Generally they are, but not always. 

By what name is the highest State court usually desig- 
nated? 

As the Supreme Court ; but in some instances it is 
otherwise, as in New York State, where it is called 
the Court of Appeals. 

Has New York no tribunal known as the Supreme 
Court ? 

Yes, but it is really only a Circuit Court. 



154 Catechism of the Constitution. 

What are the lowest judicial functions ? 

In cities, those of police and civil justices, as in 
New York, and those of magistrates, as in Phila- 
delphia ; and in rural districts, those of squires and 
burgesses. 

Bo they go by these names everywhere f 

No ; they have various names in different States. 

What are the courts of ordinary jurisdiction called f 

The Courts of Common Pleas. 

Hare ive separate equity courts ? 

Not generally, the Common Pleas having been 
entrusted with equity jurisdiction in most cases. 

What State presents an exception to the ordinary 
arrangement of the Courts ? 

New Jersey, which adheres most strictly to the 
ancient forms, and whose system requires special 
study. 

Row far does the jurisdiction of the State courts ex- 
tend f 

To all cases except those to which a State or the 
United States is a party. 

When, then, may an appeal be made from a State to 
a Federal Court ? 

Only in cases touching Federal legislation or the 
Federal Constitution. 

What is the relation of the State in regard to the 
question of taxation of its citizens ? 

It may levy such taxes, under authority of proper 
legislation, as are necessary for the support of its 
government. 

May it delegate this authority ? 

Yes, and it does actually delegate it to properly 
constituted local bodies in cities, counties, townships, 
and school districts. 



Catechism of the Constitution. 165 

/;/ what form are state and local taxes levied t 
[n the form of direct taxation, according to a i 

tematic assessment of real and personal property. 



CHAPTER XLIV. 

CITY GOVERNMENT. 

What is the most important of the local govern- 
ments subordinate to the State t 

That of cities. 

After what model is a city government usually 
formed f 

After the State and the Federal Government, 

Whence docs city government derive its authority? 

From the State. 

What is usually the name of the instrument grant- 
ing this authority f 

A charter. 

May a charter be revised or revoked t 

It may, and the city may lawfully be left without 
any local government. 

Who would rule it in this cai 

The State authorities or persons delegated by 
them. 

By what name is the chief official in a city colli 

The .Mayor. 

How is he chosen t 

By direct popular vote. 

Does he govern the eity alone f 

No ; he is aided by other officials, either elected 
like himself, or appointed by him, and by a repre- 



156 Catechism of the Constitution. 

sentative body of men representing districts of the 
city. 

What is this body called f 

City Councils, or a Board of Aldermen. 

Is this body constituted alike in every city f 

No ; in some cities, as in New York, it consists of 
only one chamber, while in others, like Philadelphia, 
it has two. 

What is its duty f 

To legislate on purely local affairs. 

Without control f 

No ; subject to the Mayor's veto power, which is 
regulated like that of the Governor or the President. 

How do our city governments compare with those of 
the State and the Federal authority t 

Not favorably, as they have always been more sub- 
ject to corrupt influences. 

How do you account for this f 

By the fact that in cities there are more men of 
leisure who make a profession of politics and turn the 
offices to account for their own emolument. 

How may this evil be corrected ? 

By enacting and enforcing severe penalties for all 
breaches of public trust. 

With this reserve, what conclusion should we arrive 
at regarding our thoroughly localized system of Gov- 
ernment ? 

That it is the best guarantee of civic freedom, it 
being extremely difficult to administer " a vast terri- 
tory and population from one centre and by one gov- 
ernment." 



H 275 83 



